STATE OF UTTAR PRADESH Vs. RAM ASREY

JUDGEMENT

(1.) The State of Uttar Pradesh represented by its Chief secretary has preferred this appeal questioning the correctness and legality of the judgment of the High court of Allahabad, Lucknow bench setting aside the judgment and order of the Special Judge, Barabanki and allowing the appeal preferred by the respondent/accused. The respondent took his trial before the Special Judge for offences punishable under S. 161 of the Indian Penal Code and S. 5 (1 (d) of the Prevention of Corruption Act. The facts of the prosecution case briefly stated are thus:

(2.) The respondent has totally denied having received any amount from Ambar Prasad and stated that he has been falsely implicated in this case since he has made a complaint against the persons involved in a movement organised by Communist Party against the Tehsil staff at Fatehpur, and Public Witness 5 was one of the persons who was arrested on his complaint. Though the appellant was found guilty and convicted by the trial court, the High court has acquitted him. Hence this present appeal is filed by the State.

(3.) The appellant court has given the following reasons for allowing the appeal of the respondent, they being: