(1.) The respondent is the accused in Spl. Case No.59 of 2011 and he was charged and tried before the learned Special Judge, Special Court for trial of Prevention of Corruption Act cases, Madurai, for various offences under the Prevention of Corruption Act (for short ' PC Act ') and on being found guilty, he was acquitted of the charges levelled against him. Challenging the said acquittal recorded by the trial court, the State has preferred the present appeal. For the sake of convenience, the respondent will be referred to as the accused.
(2.) The brief facts necessary for the disposal of this appeal are culled out hereunder :-
(3.) Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor for the State would submit that it is settled law that the order of acquittal need not be interfered with in the mechanical manner unless the order of acquittal is perverse. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate Court can interfere with the order of acquittal. The stand taken by the accused that one Sasangan, Foreman has borrowed a sum from the accused and the amount possessed by the accused was the amount repaid by the said Sasangan is highly unbelievable. If that be so, there is no evidence to prove as to why the accused possessed the tainted money.
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