STATE OF GUJARAT Vs. TAPUBHAI KESHAJI PEDHALIYA

JUDGEMENT

(1.) These three appeals have been filed against the judgment and order dated 18.05.2005 passed by the learned Additional Special Judge, 6th Fast Track Court, Rajkot (hereinafter be referred to as "the Trial Court") in Special A.C.B. Sessions Case No.4 of 1992 whereby the Trial Court has convicted the original accused No.1 - Nathabhai Meghabhai Vinzuda and imposing sentence and acquitted original accused No.2 - Tapubhai Keshavji Pedhaliya from the charges levelled against him for the offence under Section 7, 12, 13(1)(i)(ii)(iii) and Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter be referred to as "the P.C. Act."

(2.) Criminal Appeal No.2486 of 2005 has been filed by the State under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the Trial Court acquitting the accused No.2 - Tapubhai Keshavji Pedhaliya. Whereas, Criminal Appeal No.2487 of 2005 has been filed by the State for enhancement of the punishment imposed on accused No.1 - Nathabhai Meghabhai Vinzuda. Criminal Appeal No.1129 of 2005 has been filed by the convict - accused - Nathabhai assailing the judgment and order of conviction.

(3.) As all these criminal appeals having been arised from the judgment and order, all these appeals are heard together and are being disposed of by this common judgment.