STATE OF ASSAM Vs. MAHENDRA DIHINGIA

JUDGEMENT

(1.) Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam/appellant. Also heard Mr. P. M. Dastidar, learned counsel for the respondent/accused.

(2.) The present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 is preferred by the State of Assam against the Judgment and Order dtd. 14/7/2009 passed by the learned Special Judge, Assam at Guwahati in Special Case No. 3/2005, whereby the respondent/accused was acquitted from the charge under Sec. 9 of the Prevention of Corruption Act, 1988.

(3.) The prosecution case was launched on the basis of an ejahar dtd. 15/10/1997 filed by the PW-1 (Dambaru Konwar) inter alia alleging that on 15/10/1997, the accused/respondent demanded bribe of Rs.3000.00 from him for converting his post from plan post to non-plan post. Accordingly, the informant/PW-1 handed over Rs.3000.00 containing signatures of the SDO, Civil, Margherita Sub-Division to the accused for that purpose. The accused person accepted the bribe.