STATE OF GUJARAT Vs. LIMBABHAI MULJIBHAI KHUNT

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 6. 4. 1996 passed by the learned Special Judge, Bhavnagar, in Special Case No. 8 of 1989 whereby the respondent - accused has been acquitted of the charges leveled against him.

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

(3.) HEARD learned APP Mrs. Manisha Shah on behalf of appellant State and learned Advocate, appearing, on behalf of respondents accused. It was contended by learned APP that the judgment and order of the Special Judge is against the provisions of law; the learned Special 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 all the ingredients of the offence against the present respondent. He has also contended that the learned Judge has failed to appreciate that the clothes of the respondent and the hands of the complainant were also found stained with anthracene powder and, therefore, necessary presumption under the provision of the Prevention of Corruption Act ought to have been raised. The learned Judge has erred in not believing the prosecution case in spite of the fact that demand and the acceptance is proved by cogent and reliable evidence, more particularly, when the powder marks were found on the hand and clothes of the accused. 3. 1 Learned Advocate for the respondent accused has supported the Judgment of the Court below. He has contended that the learned Judge has not committed any error in his Judgment.