judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Order passed by a Learned Single Judge of the Rajasthan High Court dismissing the application filed for grant of leave to prefer an appeal in terms of Section 378(1) of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’).

3.Background facts need to be noted in brief:

Respondent faced trial for alleged commission for offences punishable under Sections 7 & 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1978 (in short the ‘Act’). Learned Special Judge, Sessions Court, Prevention of Corruption Act, Kota in Sessions Case No. 8 of 2001 directed acquittal. The basic reason for directing acquittal was that the prosecution has failed to prove the demand and acceptance of bribe and also that on the day the complainant claimed to have paid the bribe, no work was pending with the accused.

The appellant State filed an application for grant of leave. The same has been rejected by the impugned order. To say the least the order is practicably unreasoned. The High Court appears to have lost sight of the fact that in the statement recorded under Section 313 Cr. P.C. the respondent spec