STATE OF RAJASTHAN Vs. DHANNU SINGH

JUDGEMENT

(1.) The State has filed this appeal against the judgment dated 05.09.2008, passed by the Presiding Officer, Sessions Court, Prevention of Corruption Act, Kota, whereby the learned Judge has acquitted the accused-respondent, Dhannu Singh, for offences under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 ('the Act', for short).

(2.) Mr. Javed Chaudhary, the learned Public Prosecutor, has contended that the allegation against the accused-respondent is that he had demanded Rs. 2,500/- from the complainant for presenting a negative final report in the case in which the complainant was arrayed as an accused. However, eventually Rs. 1,400/- was paid to the accused-respondent for illegal gratification. Despite the ample evidence being available on record, the accused respondent has been acquitted by the learned trial court.

(3.) On the other hand, Mr. Girish Khandelwal, the learned counsel for the accused-respondent, has contended that not only the complainant, but even others, such as Heera Singh (PW-6), Bharat Singh (PW-7) and Bhikam Chand (PW-12), who had accompanied the complainant to the Police Station, have not supported the prosecution and have turned hostile. Therefore, the learned trial court was justified in acquitting the accused-respondent for lack of evidence.