LAWS(GJH)-2009-6-154

STATE OF GUJARAT Vs. KODARBHAI PUNJABHAI PATEL

Decided On June 25, 2009
STATE OF GUJARAT Appellant
V/S
KODARBHAI PUNJABHAI PATEL Respondents

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 30. 5. 1992 passed by the learned Special Sessions Judge, Ahmedabad (Rural) in Special Case No. 9/1988, whereby the accused has been acquitted from the charges under sec. 161, 193, 196, 465, 466, 467, 201, 204 of IPC and sec. 5 (1) (D) and 5 (2) of the Prevention of Anti Corruption Act, leveled against him.

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

(3.) IT was contended by learned APP 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.