STATE Vs. P SUBRAMANIAN

JUDGEMENT

(1.) The appeal is preferred by the State against the order of acquittal passed by the learned Chief Judicial Magistrate cum Special Judge, Tirunelveli in Special Case No.8 of 2005, wherein the respondent, former Assistant Engineer, Highways, Alangulam Section, has been found not guilty for offences under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 [hereinafter referred to as 'P.C. Act'].

(2.) The gist of the prosecution case is as below:

(3.) Aggrieved by the said order of acquittal, the State has preferred appeal on the ground that the order of acquittal is improper, illegal and perverse. The Trial Court has erroneously doubted the case of the prosecution without any good reason. The alleged reasons stated by the Trial Court to disbelieve the case of the prosecution are very trivial and it does not go to the root of the prosecution case. While the prosecution has proved the demand, acceptance and recovery through the de facto complainant (P.W.2), shadow witness Sheik Abdul Kadar (P.W.3), Kulam (P.W.4) and Gnanamuthu (P.W.5) without considering the reliability and the evidentiary value of these witnesses, coupled with the recovery mahazar and scientific expert's opinion, the Trial Court has magnified minor lapses and contradictions as very serious contradictions, touching upon the prosecution case.