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SAMIR J. DAVE
Jayantilal Chunilal Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of this revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant- original accused has prayed to modify the judgment and order dated 30.06.2018 passed by the learned 5th Additional Sessions Judge, Vadodara in Special (ACB) No.16 of 2011 by converting the acquittal granted to the applicant “by giving benefit of doubt” into an “acquittal simplicitor”.
2. The facts in brief, as emerging from the record, are as under;
The applicant herein was serving as Deputy Engineer with the Gujarat State Electricity Corporation at Kutch Lignite Thermal Power Station, Panandhro, Kutch at the relevant time. It is alleged that on 15.03.2007, between 1300 hrs. – 1315 hrs., the applicant went to the Office of Vanrajbhai Maganbhai Chauhan, the original complainant, who was serving as Deputy Superintendent of Police, Vigiliance Department, Gujarat Vikas Nigam Ltd. at Vadodara at the relevant time. It is further alleged that the applicant, thereafter, informed the complainant that he had come to meet him in pursuance of the conversation which they had on the mobile phone of one Rajubhai Parmar. It is further alleged that the applicant thereaf
The central legal point established in the judgment is the distinction between 'honourable acquittal' and acquittal by extending benefit of doubt, and its impact on the employee's entitlement to serv....
Rule 54 of Rajasthan Service Rules, 1951 is reproduced re-instatement.
Honorable acquittal bars departmental punishment under Rule 12 unless on technical grounds or proven witness tampering.
The acquittal in corruption cases necessitates clear and convincing evidence; lack of key witness undermines prosecution's case.
The court reiterated that evidence must establish guilt beyond reasonable doubt and an accused enjoys the presumption of innocence, particularly in cases of acquittal.
The presumption of innocence, comprehensive appreciation of evidence, and the requirement to prove demand and acceptance of illegal gratification are essential principles in cases under the Preventio....
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
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