STATE OF GUJARAT Vs. KISHORCHANDER DEVSHANKAR JOSHI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 27.06.1997 passed by the learned Special Judge, Bharuch in Special Corruption Case No. 3 of 1996 whereby the accused was acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) 0 Mr. RC Kodekar, learned APP contended that the judgement and order of the learned Special Judge is against the provisions of law; the learned Judge has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that demand, acceptance and recovery of bribe amount of Rs. 2000/ - is proved by the prosecution without any reasonable doubt as the money accepted by the accused towards bribe was kept in the diary which was kept on table wherein dots of the anthracene powder was appeared and also spots of the anthracene powder was found on the hands of the accused. He submitted that Panch No. 1 Ranchhodbhai who was a material witness and was present with the complainant at the time of effective incident have already expired. Learned APP further submitted that there was no reason for the learned Special Judge to disbelieve the prosecution case and to acquit the respondent. Therefore, in the aforesaid facts and circumstances of the case there was ample material available on the record of the case to show that there was demand and acceptance and recovery of money by the respondent.