STATE OF KARNATAKA Vs. RAOTEPPA

JUDGEMENT

(1.) THE present appeal is preferred by the Special Public Prosecutor (Lokayuktha), Bidar, challenging the judgment of acquittal passed by the Special Judge and Principal Sessions Judge at Bidar in Spl.Case (CORR) No.3/2002 wherein the said Court has acquitted the accused for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) BEFORE adverting to the factual matrix of this case, the learned counsel for the accused/respondent herein strenuously contended that the judgment of acquittal should not be normally disturbed by the Appellate Court as the innocence of the accused is fortified by the judgment of the Trial Court after due trial and appreciation of law and facts involved in the case.

(3.) PER contra, Sri Kumman, learned Special Public Prosecutor argues before this Court that if the judgment of the Trial Court is patently erroneous, without properly appreciating the evidence and applying the law on the point, the appellate courts are always having such powers to correct the judgments of the Trial Court and record their own finding. Bearing in mind the above arguments, it is just and necessary to rely upon a decision on this point rendered by the Hon'ble Apex Court in the case of Satvir Singh Vs. State of Delhi through CBI, 2014 AIAR (CRL.) 923 wherein, the Hon'ble Apex Court has observed that -