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MAUNA M. BHATT
State of Gujarat – Appellant
Versus
Dahyabhai Kalidas Parmar – Respondent
JUDGMENT :
1. This is an appeal 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 19.12.2005, recorded by learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.12, Vadodara in Special (A.C.B.) Case No.14 of 1995, whereby the learned trial Judge acquitted the respondent – accused of the charges for the offences punishable under Sections 7, 12, 13(1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. Brief facts leading to prosecution case is that the complainant – Janaksinh Harnarayansinh Rathod is resident of Vadodara and was doing business in the name of Princeraj travels. The mini luxury bus owned by complainant bearing No. GJ-6T-9287, at the relevant time was running within the State of Gujarat on a daily route from Vadodara to Sankheda via Dabhoi. On 30.3.1995, at about 11.30 a.m. the bus of the complainant bearing No. GJ-6T-9287 was going towards Sankheda from Vadodara and was detained by police constable Mr. Dashrathsinh and Mr. Dahyabhai (respondent herein) at Dabhoi Sinor Chowkdi at around 12:00 p.m. noon
The main legal point established in the judgment is the necessity of proving the demand for illegal gratification beyond reasonable doubt for conviction under the Prevention of Corruption Act. The ju....
The judgment underscores the necessity of proving ownership and demand in corruption cases, as well as the importance of witness credibility and corroborating evidence.
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....
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