LAWS(RAJ)-2004-2-57

STATE OF RAJASTHAN Vs. TARSEM RAM

Decided On February 09, 2004
STATE OF RAJASTHAN Appellant
V/S
Tarsem Ram Respondents

JUDGEMENT

(1.) Heard learned Public Prosecutor and learned counsel appearing for accused respondent Tarsem Ram. Perused the order and judgment dated 7.2.2002 by which the trial court acquitted the accused respondent Tarsem Ram, however, convicting two accused Jasvindra Singh and Harjit Kaur for the offences under Sections 7, 13(1)(D) read with Sec. 13(2) and Sec. 12 of the Prevention of Corruption Act and Sections 120B and 201 IPC. In the instant case main witnesses turned hostile and did not support the case of the prosecution. No recovery was made from the accused respondent Tarsem Ram. The trial court came to the conclusion that the accused Jasvindra Singh and Harjit Kaur who have been received illegal gratification and committed the offences and the accused respondent. So much so the persons who witnessed the telephonic talk between the complainant and the accused has not been produced by the prosecution before the trial court.

(2.) On proper appreciation of the evidence the trial court came to the conclusion that the prosecution has failed to prove the case against the accused respondent and accordingly he was acquitted for the offences noticed above.

(3.) I have carefully gone through the statements of various prosecution witnesses and the record of the case. On close scrutiny of the entire record, there is no iota of evidence connecting the accused respondent Tarsem Ram with the commission of the offence.