STATE OF GUJARAT Vs. SURYALAL MOHANLAL SADHU

JUDGEMENT

(1.) RULE.

(2.) This application is filed by the Applicant - State for Leave to Appeal against the order of acquittal dtd. 28/11/2022 passed by the learned 8th Additional Sessions Judge & Special Court for PCA Cases, Surat, wherein the Court has acquitted the Respondent / Original Accused of charges under Sec. 7, 13(1)(D) and 13(2) of the Prevention of Corruption Act 1988.

(3.) Learned APP has submitted that erroneous appreciation of the facts on record has led to the acquittal as even while referring to the evidence of the witnesses, the correct reflection of such evidence is not found. Learned APP has emphatically referred to the evidence of the trapping officer being PW-4 at Exh. 30. The evidence of deposition of such witness clearly indicates about the trap being successful and the Respondent Accused being found with smeared hands as well as clothes which were part of the investigation. Despite this, the Trial Court has proceeded to hold that the incident for acceptance of bribe is not established.