STATE OF HARYANA Vs. VED PAL

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 05.11.2004 passed by learned Special Judge, Gurgaon in FIR No.19 dated 18.11.2000 registered under Sections 7 and 13(1(d) of Prevention of Corruption Act (in short, PC Act) at Police Station SVB (H), Gurgaon, the present appeal was filed by the State of Haryana in this Court against the acquittal of the respondent-accused.

(2.) In support of the appeal learned State counsel vehemently argued that the learned trial Court committed error in recording the order of acquittal by holding that the prosecution has failed to prove its case beyond reasonable doubt. In other words, the complaint has fully supported the case and therefore there is no reason the trial Court could reject the demand and acceptance. According to him since the money was found on the bed under the quilt the presumption under Section 20 of the PC Act, was raised which was not rebutted by the accused. She therefore prayed for the reversal of the acquittal order passed by the trial Court.

(3.) Per contra, learned counsel for the respondent-accused vehemently opposed the present appeal and supported the judgment and order and reasons recorded by the trial Judge for acquitting the respondent-accused. He submitted that the trial Court has written a well reasoned judgment and there are no reasons why this Court should interfere with the order of acquittal, in the light of the parameters laid down by the Apex Court in the matter of appeal against acquittal. He therefore prayed for dismissal of the appeal.