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S. V. PINTO
State Of Gujarat – Appellant
Versus
Devabhai Becharbhai Varvadiya (Patel) – Respondent
JUDGMENT :
1. This appeal has been filed by the appellant under Section 378(1) of Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the learned Presiding Officer, 4th Fast Track Court, Banaskantha at Palanpur (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 78 of 2004 on 16.05.2007, whereby, the learned Trial Court has acquitted the appellant for the offence punishable under Sections 7, 12, 13(1)(d) 1, 2, 3 and 13 (2) of the Prevention of Corruption Act, 1988 (hereafter referred to as “the PC Act” for short).
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 brief facts that emerge from the record of the case are as under:
2.1 That the accused no. 1 was the In-Charge Resident Medical Officer of Civil Hospital, Palanpur and the accused no. 2 was a peon at the Civil Hospital, Palanpur and they both were public servants. That the complainant – Azizahmed Khan Firozkhan Sindhi – Police Inspector, ACB Police Station, Palanpur had received secret information that the government employees/officers were taking illegal gratification a
The prosecution must prove the demand and acceptance of illegal gratification by a public servant as a fact in issue, and the credibility of witness testimony is crucial in establishing guilt.
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt, which was not established in this case.
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 to establish the guilt of the accused under the Prevention of Corruption Act, 1988.
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