STATE OF GUJARAT Vs. VIJAYKUMAR KANTILAL SHAH

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 23.01.1998 passed by the learned Special Judge, Jamnagar in Special Case No. 9 of 1995 whereby the accused were acquitted of the charges leveled against them.

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

(3.) 0 Mr. R.C. Kodekar, 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 respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that accused No. 1 had demanded Rs. 3000/ - and 30 notes of the denomination of Rs. 100/ - each smeared with the anthracene powder were recovered from the pocket of the pant of the accused No. 1. Therefore, demand and acceptance of bribe has been clearly proved beyond all reasonable doubt. Learned APP further submitted that evidence of P.I. Shri Nagar has given his evidence as to the recovery of the note from the accused No. 1 and it is at Exh. 22.