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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
| Table of Content |
|---|
| 1. appeal against acquittal of corruption charges (Para 1 , 2) |
| 2. background facts of the case (Para 3 , 4 , 18) |
| 3. demand and acceptance of bribe established (Para 11 , 19 , 20) |
| 4. corruption principles and burden of proof (Para 21 , 24) |
| 5. standard of evidence for appeal against acquittal (Para 22 , 25) |
| 6. sentencing of convicted public servants (Para 26 , 29 , 30) |
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 fa
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....
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