STATE OF GUJARAT Vs. ASHWINKUMAR UTTAMCHAND SHAH

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and the order of acquittal in Special (ACB) Case No.13 of 1995 passed by the learned Presiding Officer, Fast Track Court No.3, Vadodara (hereinafter referred to as 'the learned Trial Court') on 16/4/2008, whereby, the learned Trial Court has acquitted the respondent - accused from the offences punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C.Act'). The respondent is hereinafter referred to as 'the accused' as he stood in the original case, for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and the order of acquittal passed by the learned Trial Court in Special Case No. 13 of 1995, the appellant - State has filed the present appeal mainly contending that the impugned judgment and the order of acquittal is contrary to law and the evidence on record and the learned Trial Court has erred in holding that the prosecution has not proved their case beyond reasonable doubts. The prosecution has examined witnesses and has also produced the documentary evidences but the learned Trial Court has not appreciated the evidence on record in proper perpective and has erred in acquitting the accused from the offences charged against him. That the accused was a public servant and he has committed the offence of criminal misconduct and the accused had in fact accepted the amount of illegal gratification but the learned Trial Court has not considered that the prosecution has produced the evidence of the independent panch witnesses, in whose presence, the amount of illegal gratification has been accepted by the accused. That the learned Trial Court has not appreciated the evidence of complainant Dr. Vasantbhai Muljibhai Patel and the Trap Laying Officer, who has fully supported the case of the prosecultion and it is proved that the amount Rs.25,000.00 as illegal gratification has been recovered from the house of the accused. That the entire case has been proved by the evidence of the panch witnesses and the Trap Laying Officer but the learned Trial Court has erred in discarding the positive evidences, which were available on record. That the tainted currency notes were recovered from the house of the accused, coupled with other circumstances, the same leads to the conclusion that the accused had accepted the illegal gratification from the complainant and in view of the provision of Sec. 20 of the P.C.Act, the learned Trial Court ought to have convicted the accused. That the impugned judgment and the order of acquittal is not proper and is contrary to the evidence on record and therefore, the same deserves to be quashed and set aside and the accused must be found guilty for the offences.