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CR.MA/7167/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7167 of 2010
In
CRIMINAL
APPEAL No. 1085 of 2010
With
CRIMINAL
APPEAL No. 1085 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
INDRASINH
@ INDRAJITSINH VAJUBHA ZALA - Respondent(s)
=========================================================
Appearance
:
MS
CHETNA SHAH, APP for Applicant(s) : 1,
MR PREMAL RACHH for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 23/11/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
By
this application, the State seeks leave to appeal against the
judgment and order of acquittal recorded by the learned Special
Judge, Jamnagar, in Special (ACB) Case No.12 of 2003 on 27.3.2009
acquitting the respondent of the charges under Sections 13(1)(E) and
13(2) of the Prevention of Corruption Act, 1988. It is recorded by
the learned Judge in the detailed judgment that the prosecution case
is sought to be proved with the help of oral deposition of only one
witness who has investigated the case. That witness has admitted in
his cross examination that at the relevant time, the accused had
shown the source of every property. He had also shown that his wife
owns agricultural lands since 1981. He had also shown the evidence
about the gifts received by his wife from the HUF continuously for
years. He had also produced the Income Tax Returns filed before the
witness and he has tested the same and they were found to be genuine.
The witness has also admitted that he did not find any evidence to be
incorrect, wrong or fake. In face of this evidence, the trial Court
has acquitted the accused. No error can be said to have been
committed by the trial Court. Hence, the application seeking leave
to file the appeal is dismissed and consequently, the appeal would
also stand dismissed.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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