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RAJENDRA M. SAREEN
State of Gujarat – Appellant
Versus
Amrutbhai Jivanlal Patel – Respondent
JUDGMENT :
1. This is an appeal preferred by the State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 05.08.2005 recorded by the learned Special Judge, Surendranagar in Special (ACB) Case No.1 of 2002 whereby the learned Trial Judge acquitted the respondents-accused, of the charges for the offence punishable under Sections 7, 12, 13(1)(d) and 15 of the Prevention of Corruption Act, 1988 (herein after referred to as “the Act”).
2. Brief facts of the case are that accused No.1 was ASI and accused No.2 was Police Constable at Sara Outpost Police Station, Dist; Surendranagar, at the relevant point of time. The complainant Shri Rupabhai Raval has alleged that a complaint was registered against his son named Laljibhai at Sara Outpost Police Station for offences punishable under Sections 323 of the Indian Penal Code and Sections 183 and 184 of the Gujarat Panchayat Act. The said offence was investigated by respondent – accused No.1, wherein it is alleged that accused No.1 had gone to the residence of the Laljibhai to arrest him. Thereafter, in connection with such complaint against his son, complainant met the accused No.1
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only if an accused person has accep....
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only after demand for and acceptanc....
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....
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