NARAYAN LAL Vs. STATE OF RAJ

JUDGEMENT

(1.) Being aggrieved by the order of conviction dated 18.10.1984 passed by the Special Judge, Anti Corruption Cases, Udaipur in A.C.D. Case No. 2/81, convicting the accused under Sec. 161 I.P.C. and 5(1)(d) 2 P.C. Act, this appeal is preferred on the grounds mentioned in the memo of appeal as also verbally canvassed before me.

(2.) With the assistance of the learned counsel for the accused-appellant and the learned Public Prosecutor, I have scrutinised the record and re-appreciated the evidence on record.

(3.) On re-appreciation of the evidence, the prosecution case as disclosed is that accused-appellant asked for illegal gratification for accepting the application and sanctioning the pay bill of the complainant who is Nurse in the Primary Health Centre, Gangrar. On a complaint to this effect, the Police investigated into the matter and charge-sheeted the accused. On appreciation of the evidence on record, the learned Judge came to the conclusion of guilt as aforesaid and sentenced the accused as mentioned above. It is this order of conviction and sentence which is challenged in this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before me. On re-appreciation of the evidence on record, it is found that following irregularities have been committed by the learned Sessions Judge in arriving at the conclusion of guilt for which his order cannot be sustained. The irregularities or illegalities committed are -