STATE OF GUJARAT Vs. MOHANBHAI JETHABHAI OZA

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 10. 05. 1995 passed by the learned Special Judge, Bhavnagar in Special Case No. 7 of 1989 whereby the accused was acquitted of the charges leveled against him.

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

(3.) MRS. Manisha Lavkumar Shah, learned APP contended that the judgement and order of the learned 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 respondent. Learned APP has also taken this court through oral as well as the entire documentary evidence. 3. 1 Learned APP submitted that there was no reason for the Special Judge to disbelieve the prosecution case and to acquit the respondents. 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 of money by the respondent.