STATE OF GUJARAT Vs. GOVINDBHAI SOMCHANDBHAI RATHODRESUME

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 22/6/1999 passed by the learned Special Judge, Ahmedabad (R) in Special Case No. 11 of 1993 whereby the respondents-accused were acquitted of the charges leveled against them.

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

(3.) MR. R. C. Kodekar, learned APP contended that the judgement and order of the Special Court is against the provisions of law; the Special Court 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 the oral as well as the entire documentary evidence. He submitted that the prosecution witness had clearly deposed in his deposition that the respondents-accused were found committing offence punishable under Section 13 (2), 15, 13 (1) (d) of the Prevention of Corruption Act, 1988. He further submitted that there was no reason for the Special Judge to disbelieve the prosecution case and to acquit the respondents-accused.