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S. V. PINTO
State Of Gujarat – Appellant
Versus
Osman Alibhai Hathaliya – Respondent
JUDGMENT :
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 dated 15.06.2007 passed by the learned Special Judge, Porbandar (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 3 of 1999, whereby, the learned trial Court has acquitted the respondents from the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the Act’). That, in all, the appeal was filed against four Armed Police Constable and during the pendency of the appeal, the respondent No. 1 – original accused No. 1 Osman Alibhai Hathaliya, Armed Police Constable, Porbandar expired and hence the appeal qua Respondent No. 1 was abated by an order dated 14/10/2008 of this Court. The respondents are hereinafter referred to as ‘the accused’ in the rank and file as they stood in the original case, for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:-
2.1 That all the accused were working as Armed Police Constables in the Police Station at Porbanda
The judgment underscores the fundamental legal principle that the prosecution must prove the case against the accused beyond reasonable doubt, and that suspicion alone cannot lead to a conviction.
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt to establish guilt under the Prevention of Corruption Act, 1988.
A presumption of innocence accompanies acquittal; the prosecution must prove demand and acceptance of illegal gratification beyond a reasonable doubt.
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt, which was not established in this case.
The demand for illegal gratification is a sine qua non for conviction under the Prevention of Corruption Act, and the prosecution must prove it beyond reasonable doubt.
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