Gujarat High Court High Court

State vs Indrasinh on 23 November, 2010

Gujarat High Court
State vs Indrasinh on 23 November, 2010
Author: A.L.Dave,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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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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