State Rep By v. P.Sarveswaran

Crl.O.P.No.8613 of 2022 in Crl.A.SR.No.14928 of 2022 Crl.O.P.No.8613 of 2022 in Crl.A.SR.No.14928 of 2022 G. CHANDRASEKHARAN, J.

This is a petition to grant leave to file an appeal before this Court against the acquittal judgment in Spl.C.C.No.101/2014 dated 04.12.2021 passed by the Special Judge, Special Court for trial of Cases under the Prevention of Corruption Act, Salem. 2.

Learned counsel for the petitioner/appellant submitted that the respondents/accused were prosecuted for the offences under Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. The trial Court disbelieving the evidence of prosecution witnesses, acquitted the respondents on the ground that the first demand was not proved. Not only that there is no finding with regard to recovery of tainted money, though prosecution was able to prove through witnesses, the recovery of tainted money. The phone conversation between P.W.3/defacto complainant and first accused though produced, was not taken into consideration. Therefore, the learned Additional Public Prosecutor for the appellant submitted that there are arguable points involved in this case to entertain this appeal. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.8613 of 2022 in Crl.A.SR.No.14928 of 2022 G. CHANDRASEKHARAN, J.

3.

Considering the reasons stated and finding substance in the submission of the learned Additional Public Prosecutor for the State, this petition is allowed. 18.04.2022 AT Note: Office is directed to number the appeal, if it is otherwise in order. Crl.O.P.No.8613 of 2022 in Crl.A.SR.No.14928 of 2022 https://www.mhc.tn.gov.in/judis 2/2