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BOMBAY HIGH COURT
THE STATE OF MAHARASHTRA – Appellant
Versus
SHIVAJI JAISINGRAO PATIL – Respondent
JUDGEMENT :
[MILIND N. JADHAV, J.]
1. Heard Ms. Phad, learned APP for Appellant – State and Mr. Killedar, learned Advocate for Respondent – original Accused.
2. This Appeal arises out of judgement and order dated 08.03.2004 passed by the Special Judge, Solapur in Special (ACB) Case No.1 of 2002, wherein Accused – Respondent was tried for offences punishable under Sections 7, 13 (1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 (for short ‘the said Act’) and on conclusion of trial acquitted for the aforesaid offences. Being aggrieved, State of Maharashtra has filed present Criminal Appeal against acquittal on 25.06.2004. On 16.06.2012, Appeal was admitted. It was heard for final hearing on 28.11.2024 and 12.12.2024.
3. Brief facts giving rise to the Appeal are as follows:-
3.1. Respondent-Accused was working as Extension Officer in the year 2000-2001 in the office of Panchayat Samiti Kurduwadi, Taluka Madha, District – Solapur. Complainant Shri. Maruti Padule was working as Assistant Junior Engineer attached to Panchayat Samiti, Kurduwadi. Complainant was transferred to Panchayat Samiti, Karmala. It is Complainant’s case that he was sent on deputation back to Kurduwadi by order
A valid sanction under the Prevention of Corruption Act requires the Sanctioning Authority to apply its mind to all relevant facts, and the prosecution must prove guilt beyond reasonable doubt.
The acquittal of the accused was upheld due to a lack of valid sanction and insufficient evidence of guilt, emphasizing the necessity of the Sanctioning Authority's application of mind.
Important Point :The acquittal of the accused was upheld due to a lack of valid sanction and insufficient evidence of guilt, emphasizing the necessity of the Sanctioning Authority's application of mi....
In assessing cases under the Prevention of Corruption Act, mere inquiries about bribe amounts do not equate to a legal demand, and evidence must be compelling to prove guilt beyond reasonable doubt.
Proof of demand for bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is insufficient without corroborative evidence.
The prosecution must prove the demand and acceptance of illegal gratification, and the sanctioning authority must demonstrate proper application of mind before according sanction.
Proof of demand and acceptance of illegal gratification is essential for conviction under the Prevention of Corruption Act; failure to prove these elements results in acquittal.
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