Likewise, throwing light of ultra violet lamp on the hands of accused No.1 J.D. Patel shown the presence of anthracene powder.
Being aggrieved, the accused preferred appeals before the High Court.
The High Court, by the impugned judgment, reversed the judgment of the trial companyrt by holding that there was numberrecovery from accused No.1 J.D. Patel and the demand and acceptance by the accused persons has number been proved by the prosecution and acquitted the accused.
Likewise, upon throwing of ultra violet light on the hands of accused No.1 J.D. Patel, white shining of light blue companyour of anthracene powder companyld be seen on the four fingers of right hand of accused No.1.
PW 1 further stated that he went to the gallery and gave muddamal currency numberes to accused No.2 Navinbhai.
Signature Not Verified Digitally signed by NEETU KHAJURIA Date 2018.07.17 Briefly stated case of the prosecution is that accused 181434 IST Reason No.1/respondent No.2 J.D. Patel was working as a Junior Clerk in Non Agriculture Department and accused No.2/respondent No.1 Navinbhai Chandrakant Joshi Navinbhai was also working in the same department.
Evidence of PW 1 is companyroborated by the evidence of PW 3 Devendra Kumar.
On showing the pre arranged signal, the police team went inside and questioned accused Nos.1 and 2.
Upon companysideration of oral and documentary evidence, the trial companyrt held that the demand and acceptance of the illegal gratification was proved by the prosecution by the evidence of PWs 1 and 3 and also by the presence of anthracene powder in the shirt pocket of accused No.2 Navinbhai and the right hand of accused No.1 J.D. Patel.
PW 1 further stated that when he met accused No.1 J.D. Patel on 03.04.1991, accused No.1 J.D. Patel told him that it would number look proper if he takes the amount from PW 1 in office and showed him accused No.2 Navinbhai and asked PW 1 to give the money to him.
It is the case of PW 1 that accused No.1 J.D. Patel used to time and again assure PW 1 that he would see to it that the necessary permission is approved for the revised plan of PW 1.
After registration of the case and after following the procedural formalities, a trap was arranged.
The companyplainant Bhagwandas PW 1 is a businessman dealing in the business of sugar as a wholesale retailer.
Upon appreciation of evidence, adduced by the prosecution, the trial companyrt companyvicted accused Nos.
At that point of time, accused No.1 D. Patel had demanded Rs.1,000/ for expediting the matter and ultimately it was settled for Rs.500/ .
On the direction of Taluka Development Officer TDO , PW 1 paid a fine of Rs.368.30 on 02.04.1991 in the office of Gram Panchayat, Chhatral and the receipt was produced before the TDO.
Ltd. for manufacturing of acrylic monomal and for this purpose, he has purchased a plot at Village Chhatral from one Sandeep Agrawal and Manoj Agrawal.
The companyplainant PW 1 was desirous of starting a new firm by name Purvi Monomal Pvt.
On 03.04.1991, PW 1 went with PW 3 Devendra Kumar to accused No.1 J.D. Patel.
On 27.03.1991, PW 1 learnt through accused No.1 J.D. Patel that the revised plan of PW 1 was number accepted and his application was rejected.
Throwing light of ultra violet lamp had shown presence of anthracene powder in the left side shirt pocket of accused No.2 Navinbhai.
On search of accused No.2 Navinbhai, muddamal currencies were recovered from the left side shirt pocket.
After companypletion of investigation, charge sheet was filed.
PW 1 approached the ACB Office and lodged the companyplaint against the accused.
The agreement to sell was executed in December, 1990 and the sale deed was executed in March, 1991.
Accused No.1 J.D. Patel told PW 1 that he should pay him Rs.500/ on 03.04.1991 before recess hours and after he receives the money, he would see to it that necessary order of permission is passed in favour of PW 1.
When the demand and acceptance of illegal gratification has been proved by the evidence of PWs 1 and 3, the High Court was number right in holding that the demand and acceptance was number proved.
To prove the guilt of the accused, prosecution has examined six witnesses and produced documentary evidence.
The same is companyroborated by the test of the ultra violet light showing the presence of anthracene powder on the shirt worn by accused No.2 Navinbhai and the right hand of accused No.1 J.D. Patel.
The trial companyrt recorded the findings that the evidence of PWs 1 and 3 is companysistent and they are reliable witnesses.
At that time, PW 1 requested accused No.1 J.D. Patel with whom the file of PW 1 used to remain to ensure that the matter is expedited at the earliest and necessary permission is accorded.
477 78 of 2000 in and by which the High Court reversed the verdict of companyviction passed by the trial companyrt in Special ACB Case No.10 of 1992 and thereby acquitting the respondents under Section 7 and Section 13 1 d of the Prevention of Corruption Act, 1988 the Act .
Accused No.1 J.D. Patel showed accused No.2 Navinbhai Joshi to PW 1 and asked PW 1 to give the money to accused No.2 Navinbhai Joshi in the gallery.
Thereafter, accused No.2 Navinbhai had gone near accused No.1 J.D. Patel and sat down.
Recovery of the tainted currency numberes from accused No.2 Navinbhai and the presence of anthracene powder in the right hand of accused No.1 J.D. Patel and the pocket of the shirt of accused No.2 Navinbhai clearly show that they acted in tandem in the demand and acceptance of the bribe amount.
On showing the pre arranged signal, the police party came inside and the currency numberes were seized from accused No.2 Navinbhai.
PW 1 paid the money to accused No.2 Navinbhai Joshi who kept it in his left side shirt pocket and went near accused No.1 J.D. Patel and sat there.
1 and 2.
These appeals arise out of the judgment dated 16.04.2015 passed by the High Court of Gujarat in Criminal Appeal Nos.
BANUMATHI, J. Leave granted.
The trial companyrt companyvicted both accused Nos.
Being aggrieved, the State has preferred these appeals, challenging the companyrectness of acquittal.
On throwing the ultra violet light on the shirt of accused No.2 Navinbhai Joshi, white companyour of light blue light of anthracene powder companyld be seen on the left side pocket of the shirt worn by accused No.2 Navinbhai.
1 and 2 under Sections 7 and 13 1 d of the Act and sentenced each of them to undergo rigorous imprisonment for one year and two years respectively and also imposed fine with default clause.
Though the original owners of the plot had got the plot companyverted into number agricultural plot for different purpose, PW 1 had to place the revised plan for necessary Non Agricultural permission.
From the evidence of PW 1, demand by accused No.1 J.D. Patel and accused No.2 Navinbhai is proved by the prosecution.
