ASHWINBHAI PRABHUDAS KACHHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the appellant - original accused under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and order of conviction in Special (ACB) Case No. 3 of 2002 passed by the learned Additional Sessions Judge and Fast Track Court Judge, Junagadh (hereinafter referred to as 'the learned Trial Court') on 6/9/2007, whereby, the learned Trial Court has convicted the appellant for the offences punishable under Ss. 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as 'the P.C.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 relevant facts leading to filing of the present conviction appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of conviction passed in Special (ACB) Case No. 3 of 2002 by the learned Additional Sessions Judge and Fast Track Court Judge, Junagadh on 6/9/2007, the appellant has filed the present appeal mainly contending that the impugned judgment and order is illegal, improper and unjust and without considering the material on record. That the learned Trial Court has not appreciated the oral as well as the documentary evidence in true perspective and the recovery of the alleged amount is from the cash box and the cash register and no recovery is made from the person of the accused. That if any demand of illegal gratification was made by the accused, he would have kept the amount with him and not in the cash box or cash register and from the deposition of the complainant, the demand is not made out. That there are many discrepancies on record and if the learned Trial Court had appreciated the material discrepancies, the impugned judgment and order of conviction would not have been passed. That the learned Trial Court has committed a serious error of law in convicting the accused and the same is liable to be quashed and set aside and the accused must be acquitted for the said offences.