STATE OF RAJASTHAN Vs. RAMESH CHANDRA PALI

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 13.11.1998 passed by the learned Special Judge, Session Court (Prevention of Corruption Act), Udaipur in Special Case No. 5/97 by which the learned Special Judge acquitted the accused-respondent of the charges for the offence under Section 161 I.P.C. and Section 5(1)(D)(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act of 1947').

(2.) It arises in the following circumstances :-

(3.) In this appeal, it has been submitted by the learned Public Prosecutor that since Rs. 1,000/- were recovered below the iron tray of the files lying on the table belonging to the accused-respondent, therefore, that was sufficient evidence to connect the accused-respondent with the commission of crime and thus, the learned Special Judge has committed illegality in acquitting the accused-respondent. Hence, it was prayed that this appeal be allowed and the impugned judgment and order of acquittal be set aside and the accused-respondent be convicted and sentenced for the offence under Sections 161 I.P.C. and 5(1)(D)(2) of the Act of 1947.