STATE OF GUJARAT Vs. JADAVBHAI AMBABHAI GORSVA

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 in Special Case No.06 of 2000 passed by the learned Special Judge and Presiding Officer, Fast Track Court No.2, Gondal (hereinafter referred to as 'the learned Trial Court') on 15/10/2007, whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Ss. 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C.Act'). The respondents are hereinafter referred to as 'the accused' at they stood in the rank and file of the original case for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing the conviction appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court in Special (ACB) Case No. 6 of 2000, the appellant - State has filed the present appeal mainly contending that the learned Trial Court has failed in appreciating the oral as well as the documentary evidence produced by the prosecution on record and the witnesses have fully supported the case of the prosecution but the same has not been appreciated by the learned Trial Court. The accused have been caught red handed and the tainted currency note of Rs.50.00 was found from the accused No.2. The learned Trial Court has relied upon the fact that the panch witnesses have turned hostile but the Apex Court, in a catena of decisions, has held that even if the panch witnesses have turned hostile, the evidence of the other witnesses, who have supported the prosecution is required to be considered. That the demand, acceptance and recovery have been proved by the prosecution and PW-3 Yasinkhan Ahmedkhan Shaikh, who has been examined at Exh.32, has fully supported the case of the prosecution, but the learned Trial Court has erred in not believing the evidence. That from the evidence of PW-2 Narottambhai Mohanbhai Kavad at Exh.29, it is also proved that the demand of Rs.50.00 as illegal gratification was made by the accused and they had accepted the amount of illegal gratification from the punter driver of the truck. That even PW-1 Sukhabhai Murubhai Kalavadara, who has been examined at Exh.28, has supported the case of the prosecution and the learned Trial Court ought to have convicted the accused on the basis of the evidence of the panch witnesses as the prosecution has proved the case beyond reasonable doubts. The learned Trial Court has not appreciated the fact that both the accused are public servants working in the police department and have indulged in a grave offence of demanding and accepting the amount of bribe from the truck driver. The impugned judgment and order passed by the learned Trial Court is illegal, perverse and improper and the same is required to be quashed and set aside and the accused be convicted for the said offences.