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PANKAJ MITHAL, JOYMALYA BAGCHI
Ashok Kumar Ambalal Patel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Heard Mr. Huzefa A. Ahmadi, learned senior counsel for the appellant and Ms. Swati Ghildiyal, learned counsel for the respondent-State.
2. The present appeal challenges the impugned judgment and order of the High Court dated 11/12.10.2018 convicting the appellant, ‘Ashok Kumar Ambalal Patel’ under Section 7 of the Prevention of Corruption Act, 19881 [hereinafter referred to as ‘the Act’] after setting aside the order of acquittal dated 27.04.2005 passed by the Trial Court.
3. The complainant, ‘Jayendra Abhubhai Kodi Patel’ PW-1 was operating a Pan Shop in a cabin near a highway. The appellant who was serving as a clerk in the Office of Deputy Engineer PWD allegedly demanded a bribe of Rs. 1,000/- (Rupees one thousand) to prevent removal of the cabin/shop from the roadside. Accordingly, on 08.01.2011, the complainant filed a complaint with the Anti Corruption Bureau whereupon a trap was laid and the appellant was apprehended.
4. The Trial Court acquitted the appellant on the ground that the prosecution failed to establish a case beyond reasonable doubt. The testimonies of PW-1 and PW-4 were discounted as they had turned hostile. However, the High Court reversed the order of
The appellate court cannot reverse an acquittal unless the trial court's findings are clearly based on illegality or incorrect consideration of evidence.
The required proof of demand for illegal gratification under Section 7 of the Prevention of Corruption Act was not established, necessitating the acquittal of the accused.
A conviction under the Prevention of Corruption Act requires clear proof of both demand and acceptance of a bribe, which was not established in this case.
The appellate court must respect the trial court's acquittal unless compelling reasons justify interference; two reasonable conclusions cannot disturb the trial court's findings.
The main legal point established is that demand of bribe is essential to establish guilt under the Prevention of Corruption Act, and mere recovery of money without proof of demand is insufficient for....
Proof of demand and acceptance is essential for conviction under the Prevention of Corruption Act; mere recovery without evidence of bribe demand is insufficient.
Proof of demand is essential for establishing guilt under the Prevention of Corruption Act, and mere recovery without proof of demand cannot lead to conviction.
Proof of demand is essential for establishing guilt under the Prevention of Corruption Act.
Public servants demanding and accepting bribes can be convicted under the Prevention of Corruption Act, with the burden of proof shifting to the accused to disprove presumption of guilt once the pros....
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