STATE OF RAJASTHAN Vs. MAHENDRA KUMAR OJHA

JUDGEMENT

(1.) This criminal leave to appeal u/S.378(1)(3)Cr.P.C. has been filed by the State against the judgment & order dated 05/04/2012 passed by the court of learned Designated Court for Rajasthan, Ajmer whereby, the accused-respondent-Mahendra Kumar Ojha has been acquitted for offence under Section 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

(2.) The contention of the learned Public Prosecutor is that judgment of the court court is dehors the merit. The court below has not appreciated the evidenciary value of the witnesses. The admitted case of the complainant before the court below was that the work was pending with the accused-respondent, Rs.3,000/- was demanded for the same, mutation has not been opened and kept pending and bribe money has been recovered from the possession of the accused-respondent; inspite of this, the presumption u/S.20 of the Evidence Act, 1872 has not been taken. The evidence of trap laying officer along with conversation of transcript has not been taken care of. Hence, leave to defend be granted.

(3.) Heard the learned Public Prosecutor and perused the impugned-judgment as well as original record of the case.