STATE OF GUJARAT Vs. PATEL MAFATLAL ISHWARDAS

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 the order of acquittal passed by the learned Special (ACB) Court, Patan (hereinafter referred to as 'the learned Trial Court') in Special ACB Case No.5 of 2006 on 31/8/2007, whereby, the learned Trial Court has acquitted the respondent original accused from the offences punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C.Act').

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the judgment and order of acquittal, the appellant - State has filed the present appeal, mainly stating that the judgment and order is contrary to law evidence on record and principles of justice and is based on inferences not warranted by fact of the case and also on presumptions not permitted by law. The learned Trial Court has not appreciated the oral and documentary evidence, and particularly, the evidence of the complainant, who has clearly deposed that the accused had demanded an amount of illegal gratification. The learned Trial Court has failed to prove the case beyond reasonable doubts. The learned Trial Court has failed to appreciate that the ingredients of the offence i.e. demand, acceptance and recovery have been clearly proved beyond reasonable doubts; however, the learned Trial Court has discarded the important aspects and has committed grave error, which has resulted into the miscarriage of justice. The reasons assigned by the learned Trial Court, while acquitting the respondent, are improper, perverse and bad in law and the impugned judgment is illegal, improper and perverse and is required to be quashed and set aside.