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S. V. PINTO
Vipinbhai Johnbhai Tailor(since deceased) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 20.01.2005 passed by the learned Special Judge, Fast Track Court No. 7, Surat, (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 43 of 1995, whereby, the learned trial Court has convicted the appellant for the offenses punishable under Sections 7, 13(1)(d), 1, 2, 3 & 13 (2) of the Prevention of Corruption Act, 1988.
1.1 During the pendency of appeal, the appellant expired on 09.01.2011 and his legal heirs preferred an application for setting aside the order of abatement and permitting them to be brought on record and pursue the criminal appeal and the same has been allowed by way of an order dated 21.01.2018. The deceased-appellant is hereinafter referred to as ‘the accused’ as the 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 was working as an Unarmed Police Head Constable in the L.I.B. Office, Surat (Rural) and was a public servant and the complainant Shabbir Moham
The prosecution must prove the case beyond reasonable doubt, and the evidence must be cogent and reliable for a 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 prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt for a conviction under the Prevention of Corruption Act.
The judgment emphasizes the importance of proving demand and acceptance of illegal gratification and the need for reliable and corroborative evidence in bribery cases.
The prosecution must prove demand and acceptance as crucial elements for the offence under the Prevention of Corruption Act, and the requirement of valid sanction for prosecution is essential. Lack o....
The demand for illegal gratification is essential for the offence under the Prevention of Corruption Act, and the prosecution must prove it beyond reasonable doubt.
Proof of demand and acceptance of illegal gratification beyond reasonable doubt is essential for conviction under the P.C.Act.
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....
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