STATE OF GUJARAT Vs. PRAVINBHAI BHIKHABHAI PATEL

JUDGEMENT

(1.) This appeal by the State against the judgment and order dtd. 13/10/2008 by the Special Judge (ACB), Court No.4, Ahmedabad in Sessions Case No.52 of 2001 by which the respondent has been acquitted of the offence punishable under Ss. 7, 13(c) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The facts of the case is that ACB having received complaint of illegal amount being demanded and received at the Octroi Naka organized a trap by involving a decoy punch accompanying the truck driver from whom such demand was being made.

(3.) Learned APP submitted that an error is committed by the Special Judge in recording the acquittal on the ground that the Investigating Officer was not examined. It is submitted that as the punch witness has already supported the case of the prosecution and as the Investigating Officer had expired. Still there was no need for any corroboration except for the corroboration by the scientific evidence which was available on the record in the form of FSL report.