STATE OF GUJARAT Vs. MAHENDRA NAGINDAS DAPKAWALA

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 in Special (Corruption) Case No.36 of 2002 (Old Case No.7 of 1999) passed by the learned Presiding Officer, 1st Fast Track Court, Bhavnagar (herein after referred to as 'the learned Trial Court' for short) on 7/10/2005. The respondent hereinafter are referred to as 'the accused' as they 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 in Special (Corruption) Case No.36 of 2002 (Old Case No.7 of 1999) passed by the learned Trial Court on 7/10/2005, the State has filed the present appeal mainly contending that the prosecution has led the oral and documentary evidence and has proved the case against both the accused beyond reasonable doubts. That the accused No.1 was working as a Police Inspector of Motor Vehicles at Bhilad RTO check post and was a public servant. That the necessary sanction to initiate the proceedings was taken from the superior officer and from the depositions of the witnesses, it is found that the offence was committed by the accused. That though there are minor contradictions and the trial cannot stand vitiated even though, a witness Bakulbhai Laxmanbhai Solanki, who had played an important role in the decoy trap, has turned hostile. That the learned Trial Court has not appreciated the entire evidence of witness Bakulbhai Laxmanbhai Solanki in proper perspective. That the Investigating Officer has supported the case of the prosecution and the impugned judgment and order is erroneous, improper and unjust and hence, the same may be quashed and set aside.