STATE OF GUJARAT Vs. MANUKUMAR PREMJIBHAI VARA

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 28/3/2005 passed by the learned Special Judge, Fast Track Court No. 5, Jamnagar (herein after referred to as 'the learned Trial Court') in Special (ACB) Case No. 16 of 1993, whereby, the learned trial Court has acquitted the respondent from the offences punishable under Ss. 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act (herein after referred to as 'the Act'). The respondent is hereinafter referred to as 'the accused' as he stood in the original case, for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of acquittal, the appellant-State has filed the present appeal mainly contending that the impugned judgment and order passed by the learned trial Court acquitting the accused is contrary to the evidence on record and has been passed without considering the evidence in true perspective and has resulted in miscarriage of justice. That the panch witness has clearly supported the case of the prosecution but the learned trial Court has cast a shadow of doubt on the evidence of panch witness merely on the ground that as the evidence was given after a period of 11 years, it would not be proper for any person to remember the entire evidence in detail. That the complainant Mr. V.K.Mavani and the truck driver Hiralal Saini have both expired and the prosecution could not examine and bring their evidence on record but the other witnesses PW No.: 2 Bhikhusha Alisa Shahamdar, who was the member of the raiding party has supported the case of the prosecution and the learned trial Court has committed a grave error by not believing the evidence of PW No.: 2 Bhikhusha Alisa Shahamdar. That the prosecution has also proved that the order of sanction for prosecution was given by the competent authority i.e. PW No. 5 Mr. Pramodkumar Jaybir Jha and the sanction was given after proper application of mind and there was no illegality or irregularity in granting the sanction for prosecution. That there was no reason to discard the evidence of the panch witness and the trial Court inspite of there being sufficient evidence to convict the accused, has passed the impugned judgment and order of acquittal, which is bad in law, illegal and hence the same is required to be quashed and set aside and the accused must be found guilty for the said offences.