STATE OF GUJARAT Vs. MANILAL TRIKAMLAL CHAUHAN

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 31.12.1998, passed by the learned Special Judge, Panchmahals- Godhra, in Special (Corruption) Case No.02 of 1995, whereby the respondent (original accused) has been acquitted of the charges under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short).

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

(3.) THE incriminating evidence appearing against the accused was read over and explained to him. The accused denied the case of the prosecution, in his statement under Section 313 of the Code of Criminal Procedure, 1973. The defence of the accused was that a false case had been thrust upon him. In his written explanation at Exh.47, the accused has stated that the witnesses have connived with the Officers of the ACB, to falsely implicate him. He has further stated that in the year 1981, he was wrongly implicated in a bribery case involving a PSI, but was acquitted. Due to animosity arising from the said case, he has been falsely involved in the present one.