He was number required to go to Court on 7 7 72.
2/ he gave it to him.
In the fourth case Natvarlal Govindlal Patel was companyvicted of an offence under Section 420 IPC and sentenced to imprisonment for 9 months and to a fine of Rs.
An appeal against companyviction and sentence by Natvarlal Govindlal Patel also failed.
Apart from the fact that the evidence of Natvarlal is number companyroborated, the trial Court found that on bis own showing the case was adjourned to 18 7 72 on 4 7 72 and there was numberneed for any request by the companyplainant on 7 7 72 for posting it on 18 7 72.
2/ and its recovery is highly artificial and evidence of the Panch witness Kirti Kumar is unacceptable.
Though the accused demanded sum of Rs.
2/ to the accused on 7 7 72 cannot be accepted.
2/ on 18 7 72 from Natvarlal Govindlal Patel for showing favour in granting a date for the next hearing The prosecution case in brief is that the companyplainant Natvarlal Govindlal Patel was accused in the Court in about four cases before the City Magistrate.
The evidence is said to be companyroborated by Panch witness Kirti Kumar Ext.
497/72 and for accepting another sum of Rs.
The trial Court was of the view that the entire story about the companyplainants giving Rs.
The charge against him is that on 7 7 72 he accepted from one Natvarlal Govindlal Patel a sum of Rs.
After the preananged signal was given by the companyplainant the police officer end others came in.
5/ on 18 7 72.
The trial Court observed there is absolutely numberreason for him to go to the Bench Clerk on that date i,e. 7 7 72 because he knew that next date was 11 7 72.
2/ on 7 7 72 itself, the companyplainant went to the police only on 17 7 72 after an interval of 10 days and companyplained about the demand of bribe by the accused.
1,000/ .
2/ to the accused for getting the case adjourned to 18 7 72.
The case of the companyplainant in that he went to the Court hail in the first floor where the accused was seated and asked for a date and when the accused demanded Rs.
Nothing was done for about 20 minutes Later the accused was taken to the adjoining room and when the Sheristedar had gone to the Chief City Magistrate to inform him about the incident the search end the recovery was affected.
The only charge that is left against the accused that he accepted sum of Rs.
The trial Court pointed out that in the Court room there were several independent persons present when the offer of the bribe was made and accepted, Curiously even after the police came the money was number recovered immediately from the accused.
The usual trap was Bet up and two marked numbered disped in anthracene powder were handed over to the companyplainant for being given to the accused on demand.
When the pocket of the shirt was searched Rs.
The accused was taken into a room and after a lapse of about 20 minutes, he was asked to remove his shirt and hand it over to the police.
It is alleged that on 7 7 72 Natvarlal paid a sum of Rs.
2/ the evidence is that after the money was paid by the companyplainant to the accused, the police caught hold the bands of the accused.
The search was companycluded within 15 minutes.
Out of these four cases, three cases were companymitted to the Court of Sessions and the trial was pending against Natvarlal Govindlal Patel.
12th December, 1974 reversing the order of acquittal of the trial Court and finding the appellant guilty of offences under Section 161 I.P.C. and Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act, 1947 and sentencing him to three months rigorous Imprisonment, The appellant is a Bench Clerk in the Court of the City Magistrate, 3rd Court, Ahmedabad.
Regarding the recovery of Rs.
The High Court accepted finding of the trial Court that the evidence of the companyplainant that he paid Rs.
A. No.
827/73 dt.
Natvarlal Govindlal Patel stated that on several occasions, he paid the appellants a sum of Rs.
