JUDGMENT

Asok Kumar Ganguly, J.

1. Heard learned Counsel for the parties.

2. This is an appeal against the judgment and order of acquittal dated 19th January, 2005 rendered by the High Court. The Respondent facing a trial, was convicted under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 by the Special Judge, Thiruvananthapuram, in Criminal Case No. 9 of 1996 and the Respondent was sentenced to undergo rigorous imprisonment for 20 months and pay a fine of Rs. 2500/- under the former charge and rigorous imprisonment for two years and a fine of Rs. 2500/- under the second charge. Default stipulations were also there.

3. The facts relating to that case have been summed up in the judgment of the High Court and we are not repeating the same here once again.

4. In passing the order of acquittal, the High Court examined and analyzed in detail the evidence of the case. The High Court found that the complainant CW 1 was not examined and the only explanation given was that he was not available in the country but no details were given as to where the complainant was. The defense of the Respondent in this case has also been noted by the High Court in some det