STATE OF GUJARAT Vs. AMITBHAI VASHRAMBHAI RAJ

JUDGEMENT

(1.) THE appellant � State of Gujarat has preferred this appeal under sec. 378 of the Code of Criminal Procedure, against the judgment and order of acquittal dated 29.3.1993 passed by the learned Special Judge, Ahmedabad (Rural), in Special Case No. 14 of 1989, whereby, the learned Judge has acquitted the respondent � accused for the offences under Sections 7, 13(1)(c),1,23, & 13(2) of Prevention of Corruption Act, 1988 (for short "the Act") and under Section 341, 342 & 201 of I.P. Code.

(2.) THE brief facts of the prosecution case are as under:

(3.) LEARNED Advocate, appearing on behalf of the respondent � accused has supported the Judgment and order passed by the learned trial Judge. He has contended that the trial Court, after considering the oral as well as documentary evidence produced on the record, has acquitted the respondent � accused from the charges alleged against him and, therefore, no interference may be called for. He has contended that when the demand and acceptance is not proved beyond reasonable doubt then the presumption under Section 20 does not arise in the facts of the present case.