STATE OF GUJARAT Vs. PRAGNABEN

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 judgement and order of acquittal passed by the learned Special Judge, Fast Track Court No. 1, Gandhidham (hereinafter referred to as "the learned Trial Court") in Special Case No. 22 of 1999 on 11/3/2005, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Ss. 7, 12, 13(1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 (hereafter referred to as "the PC Act" for short) and Sec. 477 of Indian Penal Code.

(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 stating that the impugned judgement and order of acquittal passed by the learned Trial Court is contrary to law, evidence on record and principles of justice and the learned Trial Court has based the judgement and order of acquittal on inferences not warranted by facts of the case and also on presumptions not permitted by law. That the learned Trial Court has not appreciated the evidence produced by the prosecution and in fact there are direct and indirect evidence to show that the accused have in fact committed the offence. The learned Trial Court has merely relied on minor omissions and contradictions which do not go to the root of the case of the prosecution and the learned Trial Court has erred in concluding that the prosecution has failed to prove the demand, acceptance and recovery from the evidence. That the impugned judgement and order is illegal, erroneous and contrary to the evidence on record and hence, the same must be quashed and set aside and both the accused must be convicted for the offence.