STATE OF GUJARAT Vs. UKABHAI CHHAGANBHAI VAJA

JUDGEMENT

(1.) Heard Ld. A.P.P. Mr.K.P.Raval for the State being prosecuting agency and Ld. Advocate Mr. S.B.Tolia for the respondent. Perused compilation of evidence produced in the form of Paper Book by the parties.

(2.) Respondent has been acquitted by judgment and order dated 31st December, 2015 for the charges u/s.7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 by Additional Sessions Judge, Rajkot. The petitioner State wants to file an acquittal appeal against such impugned judgment and therefore, they preferred this application seeking leave to appeal.

(3.) When respondent is acquitted by the Sessions Court after fullfledged trial and by reasoned judgment, leave to appeal cannot be granted summarily without considering that, whether there is any reliable and cogent evidence without reasonable doubt to confirm that the respondent has certainly committed an offence as alleged in the charge-sheet for which charges are framed by the Sessions Court. For the purpose, we have to scrutinize the evidence on record.