STATE OF GUJARAT Vs. DEVJIBHAI MAGANBHAI @ MEGHJIBHAI PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge (AC.B.), Patan dated 16.06.2007 rendered in Special (ACB) Case No.2 of 2006, whereby the learned Trial Judge acquitted the original accused opponent herein of the charges for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under:

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of Special Judge (ACB), Patan, which was, thereafter, numbered as Special (ACB) Case No.2 of 2006. Since the opponent did not plead guilty and claimed to be tried, he was tried for the alleged offences.