(1.) Challenge in this appeal is by the State of Rajasthan questioning the judgment of a learned single Judge of the Rajasthan High Court, Jodhpur dismissing the appeal filed in terms of Section 378 (1) and (3) of the Code of Criminal Procedure, 1973 (in short the 'Code'). The learned Special Judge (Prevention of Corruption Act) had directed acquittal of the respondent who faced trial for alleged commission of offences punishable under Sections 7. 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short the 'Act'). The trial Court found that the accusations have not been established. The same was challenged in appeal before the High Court which dismissed the same.
(2.) The Stand of the State was that the presumption under Section 20 of the Act has not been kept in view. It is pointed out that money was recovered from the almirah of the respondent. It is to be noted that the trial Court acquitted the respondent only on the ground that the prosecution version was not credible.
(3.) Learned counsel for the respondent supported the judgment impugned in the appeal.
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