STATE OF ASSAM Vs. ANOWAR HUSSAIN

JUDGEMENT

(1.) With the help of this appeal, preferred under Section 378 of Code of Criminal Procedure, the State has put to challenge the correctness, legality and validity of the judgment and order, dated 09.04.2009, passed, in Special Case No. 1(A)/2005, by the learned Special Judge, Kamrup, Guwahati, acquitting the accused-respondent of the charge, which had been framed against him under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act, 1988'), by extending to the accused-respondent benefit of doubt.

(2.) I have heard Mr. D. Das, learned Addl. Public Prosecutor, Assam, appearing on behalf of the appellant, and Mr. N. J. Das, learned counsel, appearing for the accused-respondent.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: