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1979 Supreme(SC) 117

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Kanchansingh Dholaksingh Thakur – Appellant
Versus
State Of Gujarat – Respondent


Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant had been convicted under Section 5(2) of Prevention of Corruption Act and Sections 467, 471 and 477A of the Indian Penal Code and sentenced to one years rigorous imprisonment under each count and also sentenced to a fine of Rs. 100/- as mentioned in the High Court judgment. The sentences have been ordered to run concurrently. A detailed narrative of the prosecution case has been given in the judgment of the High Court which has gone into minute details. A perusal of the judgment of the High Court clearly shows that almost the entire part of the prosecution case has not been accepted by the High Court and conviction of the appellant has been based mainly on entry A-18 from which it appears that the appellant had misappropriated a sum of Rs. 1750/-. It was also alleged that the appellant forged the signature of Raman Bhai on various dates to show payment of Rs. 2.50 although these payments were not made to Raman Bhai at all. The position is that the entire conviction rests on the uncorroborated testimony of the Expert P. W. Acharya. The High Court has clearly found that the expert had opined in case of even those p



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