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S. V. PINTO
Ashwinbhai Prabhudas Kachhela – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
S.V. PINTO, J.
1. This appeal has been filed by the appellant-original accused under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of conviction in Special (ACB) Case No. 3 of 2002 passed by the learned Additional Sessions Judge and Fast Track Court Judge, Junagadh (hereinafter referred to as ‘the learned Trial Court’) on 06.09.2007, whereby, the learned Trial Court has convicted the appellant for the offences punishable under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as ‘the P.C. Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present conviction appeal are as under:
Proof of demand and acceptance of illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and without clear, cogent, and reliable evidence of demand, no convicti....
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt; mere suspicion is insufficient for conviction.
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt to establish the guilt of the accused under the Prevention of Corruption Act, 1988.
The central legal point established is that the demand for illegal gratification is a sine qua non for convicting an accused under the Prevention of Corruption Act, and the prosecution must prove the....
The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt for a conviction under the Prevention of Corruption Act.
Proof of demand and acceptance of illegal gratification beyond reasonable doubt is essential for conviction under the P.C.Act.
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt to establish the guilt of the accused under the Prevention of Corruption Act, 1988.
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