STATE OF RAJASTHAN Vs. SHIVRATAN SINGH

JUDGEMENT

(1.) THE state of Rajasthan has preferred this appeal under Section 378(i)(iii) Cr.P.C. against the judgment of acquittal dated 30.6.1998 passed by Special Judge, Anti Corruption Cases, Kota (for short 'the learned trial Court') in criminal case No. 81/1997, whereby he acquitted the accused respondents for the offence under Section 120B, 420, 468, 467, 471 IPC and Section 13(2)(d)(2) Anti Corruption Act, 1988 (for short 'the Act of 1988').

(2.) BRIEF facts of the case are that the Additional superintendent of Police, State Anti Corruption Bureau, Bharatpur submitted a charge -sheet in the Court of Special Judge, Anti Corruption Cases, Bharatpur against Teekam Chand Jain, Executive Engineer, Irrigation' Division, Bharatpur, Shivratan Singh Dhankar, Assistant Engineer, Dharampal Jain, Junior Engineer and Hari Prakash Mistri, Irrigation Division, Bayana District Bharatpur for the offence under Sections 420, 467, 468, 471 and 120B IPC and Section 13(1)(d)(2) of the Act of 1988 in which it was specifically mentioned that the accused respondents being the government servant have misused the amount of Rs. 50,035/ - by making wrong entry in the muster -roll Nos. 345, 346, 377, 378, 392 to 300, 401 to 414 and by making fraud, the government has taken a loss of government fund. Thereafter, the case was transferred to the trial Court.

(3.) THE prosecution in support of its case produced as many as 41 witnesses and certain documents were got exhibited.