STATE OF GUJARAT Vs. HARSH PARSOTTAMBHAI BACHCHAN

JUDGEMENT

(1.) THE present Appeal is directed against the judgment and order in A.C.B. Special Case No.77 of 1995 by the Special Judge, Surendranagar dated 15.02.2003 recording acquittal for the offences under Sections 7, 13(1)(d)123 and 13(2) of the Prevention of Corruption Act.

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

(3.) LEARNED APP Mr.Patel for the appellantState has referred to the impugned judgment and order and submitted that the court below has failed to appreciate the material and evidence on record with regard to the demand and acceptance. He submitted that the complainant has not been declared hostile and though he may not have supported the case of the prosecution, the court below ought to have appreciated other material and evidence including the testimony of panch witness and trap raiding officer. Learned APP Mr.Patel has also submitted that the explanation which has been offered, has been accepted and the findings are recorded. He also submitted that the observations made by the court below that same Police Officer has carried out trap as well as the investigation and, therefore, it would cause prejudice, is misconceived. In support of his submission, he has referred to and relied upon the judgment of the Hon'ble Apex Court in case of State rep. by Inspector of Police, Vigilance and Anti Corruption, Tiruchirapalli, Tamil Nadu Vs. Jayapaul, reported in (2004) 5 SCC 223.