STATE OF GUJARAT Vs. JOITARAM KHUSHALDAS PATEL

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. 30/12/2004 passed by the learned Additional Sessions Judge, Fast Tack Judge, Fast Track Court No. 1, Gandhinagar (herein after referred to as 'the learned Trial Court') in Special (ACB) Case No. 3 of 2001, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Ss. 7, 12 and 13(2) of the Prevention of Corruption Act. The respondents are hereinafter referred to as 'the accused' as they stood in the original case, for the sake of convenience, clarity and brevity. 1.1] During the pendency of the appeal the respondent No. 2 has expired on 19/5/2010 and hence the appeal qua the respondent No. 2 was abated by an order dtd. 23/2/2024.

(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 contenting that the prosecution has produced oral and documentary evidence to prove the case against the accused and the learned Trial Court has not exercised the jurisdiction vested in the Court. That the learned Trial Court has not appreciated the evidence properly and the judgment and order of acquittal is contrary to law and the evidence on record. That there is sufficient evidence about the demand and acceptance and the learned Trial Court has erred in concluding that the fact of demand and acceptance has not been proved by the prosecution. That, in fact, the demand, acceptance and recovery has been proved in sequence and when the acceptance of the amount by the accused from the complainant is forthcoming, it leads to the inference of the guilt of the accused and hence the impugned judgment and order of acquittal must be quashed and set aside and the appeal must be allowed.