STATE OF GUJARAT Vs. KIRITSINH MAHOBATSINH BRAHMBHATT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order delivered by the Learned Special Judge, Vadodara in Special Case No.9/1999 dated 11.04.2000 recording acquittal of the accused for the offence under Sections 387 and 114 of the Indian Penal Code and under Section 7 of the Prevention of Corruption Act on the grounds stated in the memo of appeal inter alia that the court below has erred in not relying upon the evidence of Shri V.M. Gaur and Shri J.J. Desai, who had investigated the matter. It is also contended that the court below has erred in coming to a conclusion the evidence of witnesses like Samir Patel and Ramesh Patel are not reliable and also erred in not believing the evidence of the complainant and one Adil Contractor on the ground that their evidence are contrary to the statements recorded of other prosecution witnesses.

(2.) The facts of the case briefly summarized are as follows:

(3.) It is this judgment and order which has been assailed on the ground inter alia that the acquittal of the accused recorded by the learned trial court is erroneously.