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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Neela Gokhale
State of Maharashtra (Through Anti-Corruption Bureau, Pune) – Appellant
Versus
Maruti Bhikaji Borkar – Respondent
JUDGMENT :
Neela Gokhale, J.
1. This Appeal assails the Judgment and Order dated 2nd September, 2008, passed by the Special Judge at Baramati, District Pune, acquitting the Respondents herein (Original Accused Nos.1 and 2) from the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'PC Act') and acquitting the Respondent No.3 (Original Accused No.3) from the offence punishable under Section 12 of the PC Act.
2. By an order dated 18th June 2009, this Court, by a reasoned order opined that a triable issue was made out by the Appellant-State of Maharashtra, to be dealt with in this Appeal, to ascertain the correctness and legality of the impugned Judgment and Order. Hence, this Court allowed the Leave Petition and admitted the Appeal.
3. The facts of the case, in brief, are as under:
3.1 The Respondent No. 1/Accused No.1 (A/1) was a Tahsildar posted at Indapur. The Accused No.2/Respondent No.2 (A/2) was working as a clerk in the Tahsildar's office, and the Accused No.3/Respondent No.3 (A/3) was another person in the office of the Tahsildar.
3.2 The Informant's father died on 19th June 2005 and he thus, made an applicat
The appellate court can reverse an acquittal if evidence of bribery and the demand for illegal payments is established beyond reasonable doubt, emphasizing that both parties bear the burden in a plea....
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt in corruption cases; failure to do so results in acquittal.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt for convictions under corruption laws; mere recovery of money is insufficient.
The main legal point established in the judgment is the requirement to prove the demand for and acceptance of illegal gratification beyond reasonable doubt. The judgment emphasized that mere recovery....
The demand of illegal gratification is essential to constitute an offence under the PC Act. The prosecution must establish the accusation beyond reasonable doubt, and the presumption of innocence fav....
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt to establish the guilt of the accused under the Prevention of Corruption Act, 1988.
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