State of Gujarat vs Jadavbhai Ambabhai Gorsva

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 280

S. V. PINTO
State of Gujarat – Appellant
Versus
Jadavbhai Ambabhai Gorsva – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Jirga Jhaveri.
For the Respondent: N.P. Pandya.

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant-State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal in Special Case No. 06 of 2000 passed by the learned Special Judge and Presiding Officer, Fast Track Court No. 2, Gondal (hereinafter referred to as ‘the learned Trial Court’) on 15.10.2007, whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C. Act’). The respondents are hereinafter referred to as ‘the accused’ at they stood in the rank and file of the original case for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing the conviction appeal are as under:

2.1. That the accused No. 1 was working as Assistant Sub Inspector and the accused No. 2 was working as an Unarmed Police Constable in the Dhoraji Police Station, Dhoraji, District Rajkot. The accused Nos. 1 and 2, in connivance with each other, were halting the truck under the pretext of checking and were threatening the truck drivers to detain the truck and w