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MAUNA M. BHATT
State of Gujarat – Appellant
Versus
Kanak Kishor Chhaganlal Trivedi – Respondent
JUDGMENT :
1. This is an appeal preferred by the State of Gujarat under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (“The Code” for short) against the judgment and order of acquittal dated 12.4.2006, recorded by the learned Special Judge, Kachchh at Bhuj, in Special Case No.46 of 1992, whereby the learned trial Court acquitted the respondent – accused from the charges for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. The case of the prosecution as unfolded before the learned trial Court is such that the complainant was having agricultural field admeasuring about four acres in the name of his father at village-Vandh, which was also known as ‘Gogai’. The said land was to be transferred in the name of the complainant and therefore, the father of the complainant had given an application for transfer of the said field in the name of the respondent – accused. It was case of the prosecution that for registering the name of the complainant, the respondent demanded illegal gratification of Rs.400/-. As the complainant was not ready and willing to pay the amount as demanded by the res
The need for substantial and compelling reasons to interfere with the trial court's findings in cases of acquittal, and the requirement of proving demand of illegal gratification and its acceptance f....
The proof of demand of illegal gratification is essential for establishing the offence under the Prevention of Corruption Act, and in case of acquittal, there is a double presumption in favor of the ....
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