STATE OF GUJARAT Vs. BABUBHAI HAKSIBHAI NINAMA

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. 1/6/2004 passed by the learned Special Judge, Joint District and Additional Sessions Judge, Fast Track Court No.8, Sabarkantha @ Modasa (Sabalpur) (herein after referred to as 'the learned Trial Court') in Special (ACB) Case No. 7 of 1997, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Ss. 7, 13(1) (D), (1,2,3) and 13 (2) of the Prevention of Corruption 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 dtd. 1/6/2004, the appellant- State has filed the present appeal mainly stating that the judgment and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has erred in concluding that the prosecution has failed to prove the case against the accused beyond reasonable doubts. That the accused is a public servant working in the police department and is a member of the disciplined force and he has indulged in a grave offence of demanding and accepting illegal gratification from the complainant. \