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MAUNA M. BHATT
State of Gujarat – Appellant
Versus
Trivedi Bharatkumar Jayantilal – Respondent
JUDGMENT :
1. This appeal is preferred by the State of Gujarat under Section 378(3) of Code of Criminal Procedure, 1973 (“The Code” for short) against the judgment and order of acquittal dated 19.10.2006, recorded by learned Special Judge, Patan in Special (A.C.B.) Case No.2 of 2003, whereby the learned trial Judge acquitted the respondent – accused of the charges, for the offences punishable under Sections 7, 12, 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. Brief facts leading to the prosecution case is that, the complainant Baldevji Sartanji Rajput of village Siddhpur, filed a complaint before ACB Police Station, Mehsana alleging that while he was having his own “fair price shop” at village: Siddhpur, for verification of books as well as relevant records of the shop, respondent-accused demanded Rs.1,000/- per month as illegal gratification for not raising any queries towards illegalities if any, committed by him. Respondent, at the relevant time was discharging his duties as Dy. Mamlatdar (Supply) in the office of Mamlatdar, Siddhpur. As the complainant was not ready and willing to pay the illegal gratification of Rs. 1000/-demanded by 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 ....
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....
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