TMI Blog2002 (4) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... onment for 15 days. He was also convicted for the offence punishable under Sections 13(1)(d) and 13(2) of the Act and was sentenced to suffer rigorous imprisonment for one year and to pay a fine of ₹ 500/-, in default to further undergo rigorous imprisonment for 15 days. Against that judgment and order, appellant preferred Criminal Appeal No.881/97 before the High Court of Gujarat at Ahmedabad. The High Court dismissed the said appeal by passing the impugned judgment. That order is challenged by filing this appeal. At the time of admission hearing, this Court passed the following order: Considering the contentions raised by learned counsel for the petitioner and the evidence on record the impugned order passed by Special Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imself or for any other person any valuable thing or pecuniary advantage; or (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest. In Sections 7 and 13(1)(a) and (b) of the Act, the Legislature has specifically used the words 'accepts' or 'obtains'. As against this, there is departure in the language used in clause (1)(d) of Section 13 and it has omitted the word 'accepts' and has emphasized the word 'obtains'. Further, the ingredient of sub-clause (i) is that by corrupt or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary advantage. The word obtains , on which much stress was laid does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant The Court further observed that .It is enough if by abusing his position as a public servant a man obtains for himself any pecuniary advantage, entirely irrespective of motive or reward for showing favour or disfavour Similarly, in M.W. Mohiuddin v. State of Maharashtra [(1995) 3 SCC 567] the Court dealt with Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory presumption under Section 4(1) of the Act as it is available only in respect of offences under Section 5(1)(a) and (b)and not under Section 5(1)(c), (d) or (e) of the Act. Obtain means to secure or gain (something) as the result of request or effort (Shorter Oxford Dictionary). In case of obtainment the initiative vests in the person who receives and in that context a demand or request from him will be a primary requisite for an offence under Section 5(1)(d) of the Act unlike an offence under Section 161 IPC, which, as noticed above, can be, established by proof of either acceptance or obtainment . Same is the position of statutory presumption under Section 20 of the Act and is available for the offence punishable under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pocket. From this evidence, it cannot be inferred that accused demanded any amount from the complainant or that he had obtained the same. It is apparent that the trial court and the High Court misread the evidence of PW2 and held that there was demand by the accused and the amount was paid to him by the complainant. It was unreasonable to hold that accused demanded money from the complainant. Complainant denied the said story and PW2 had not stated so. In this view of the matter, this appeal is partly allowed. Impugned judgment and order passed by the High Court confirming the order passed by the Special Judge, City Civil Court, Ahmedabad convicting the appellant for the offence punishable under Section 13(1)(d)(i) is set aside and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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