S.B. CRIMINAL LEAVE TO APPEAL NO. 47/2010 State of Rajasthan Vs. Ramji Lal Date of Order :: 30.11.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. K.K. Rawal, Public Prosecutor. ... This application is preferred seeking leave to appeal the judgment dated 25.1.2010 passed by learned Sessions Judge (Prevention of Corruption Act), Bikaner acquitting the respondent from the charges punishable under Section 7 and 13(1)(d) readwith Section 13(2) of the Prevention of Corruption Act, 1988. Learned trial court after considering the entire material available on record reached at the conclusion that no evidence is available to establish beyond doubt that the public servant in any manner received illegal gratification from complainant Angrej Singh on 27.2.2005. While reaching at the conclusion aforesaid learned trial court relied upon the statement given by the complainant Angrej Singh who has not supported the prosecution story and also on the fact that the accused successfully satisfied availability of the sum of Rs.1800/- with him as the revenue collected. The contention of learned Public Prosecutor is that the trial court seriously erred while not relying upon the statement given by PW-2, PW- 3, PW-4, PW-5 and PW-10 who have supported the prosecution case. :: 2 :: On examination of record I do not find any merit in the argument advanced. No doubt, prosecution witnesses referred above supports the prosecution story to some extent, however, in view of the statements of complainant Angrej Singh and the satisfactory explanation extended by the public servant a lurking doubt exists to believe the prosecution case and that is sufficient for extending acquittal to the respondent Ramji Lal. The judgment impugned does not suffer from any wrong that may warrant the grant of leave as desired. Accordingly, the application seeking leave to appeal is dismissed. (GOVIND MATHUR), J. Jgoyal '