STATE OF GUJARAT Vs. YOGESHKUMAR DINKARRAI BHATT

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 378(1)(3) of Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Banaskantha at Palanpur (hereinafter referred to as "the learned Trial Court") in Special ACB Case No. 32 of 1997 on 22/11/2004, whereby, the learned Trial Court has acquitted the appellant for the offence punishable under Ss. 7, 13(1)(d) (1-2-3) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act" for short).

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

(3.) Being aggrieved and dissatisfied with the said judgement and order of acquittal, the appellant - State has filed the present appeal mainly contending that the order of acquittal is contrary to law and the evidence on record and the prosecution has examined six witnesses and has produced 11 documentary evidences in support of their case, however, the learned Trial Court has erred in not appreciating the oral and documentary evidence in its true and proper perspective and has acquitted the accused which is improper. That the learned Trial Court has erred in concluding that the demand and acceptance of illegal gratification is not proved by the prosecution, whereas, the evidence fully corroborates the complaint and the accused ought to be convicted for the said offence. That the learned Trial Court has given undue importance to minor contradictions and omissions and the prosecution has clearly established that the tainted currency notes were recovered from the possession of the accused. That merely because the overload entry fee would be Rs.1000.00, it cannot be said that the accused has not demanded the bribe amount, whereas, in the entire evidence, the recovery has been proved beyond reasonable doubt and the presumption under Sec. 20 of the PC Act is not properly appreciated by the learned Trial Court. That the judgement and order of acquittal is required to be quashed and set aside and the appeal must be allowed.