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Judgment
A.Y. Kogje, J
RULE.
This application is filed by the Applicant – State for Leave to Appeal against the order of acquittal dated 28.11.2022 passed by the learned 8th Additional Sessions Judge & Special Court for PCA Cases, Surat, wherein the Court has acquitted the Respondent / Original Accused of charges under Section 7, 13(1)(D) and 13(2) of the Prevention of Corruption Act 1988.
Learned APP has submitted that erroneous appreciation of the facts on record has led to the acquittal as even while referring to the evidence of the witnesses, the correct reflection of such evidence is not found. Learned APP has emphatically referred to the evidence of the trapping officer being PW-4 at Exh. 30. The evidence of deposition of such witness clearly indicates about the trap being successful and the Respondent Accused being found with smeared hands as well as clothes which were part of the investigation. Despite this, the Trial Court has proceeded to hold that the incident for acceptance of bribe is not established.
Learned APP has thereafter submitted that the incident has taken place where the complainant was riding a motorcycle with his mother and met with an accident which resulted into death of his mother and it is at that stage that the Respondent Accused had registered an FIR against the complainant for rash and negligent driving wherein the motorcycle in question was seized as part of the investigation and for the release of the said muddamal motorcycle the demand was made to the tune of Rs.4000/-.
In view of the aforesaid, Leave to Appeal is granted. Accordingly, present Criminal Misc. Application stands allowed. Rule is made absolute accordingly.
ORDER IN CRIMINAL APPEAL NO. 554 of 2023:
The Appeal is admitted.
Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand only) against the respondent- original accused.