Back
S. V. PINTO
State Of Gujarat – Appellant
Versus
Vrujlal Amrabhai Gadhvi (Thakaria) – 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 in Special Case No.10 of 1999 passed by the learned Special Judge and Additional Sessions Judge, Khambhaliya (hereinafter referred to as ‘the learned Trial Court’) on 15.06.2006, whereby, the learned Trial Court has acquitted the respondent – accused from the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C.Act’). The respondent is hereinafter referred to as ‘the accused’ at he stood in the original case for the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present appeal are as under:
2.1. That the accused was working as an Unarmed Police Head Constable in Dwarka Police Station, District Jamnagar and was a public servant and the complainant Hadubha Varjangbhai, residing at village Vanchhu, Taluka Dwarka, District Jamnagar had purchased a Chhakdo Rickshaw bearing registration No.GJ-11-V-1146 (hereinafter referred to as ‘the Rickshaw’) on installments from ‘Chandan Finance Company’ at Ke
The judgment underscores the necessity of proving ownership and demand in corruption cases, as well as the importance of witness credibility and corroborating evidence.
The burden of proof lies with the prosecution to establish demand and acceptance of illegal gratification beyond reasonable doubt.
The judgment emphasizes the need to prove the demand and acceptance of illegal gratification beyond reasonable doubt, highlighting the requirement for direct or circumstantial evidence and the presum....
The presumption of innocence, comprehensive appreciation of evidence, and the requirement to prove demand and acceptance of illegal gratification are essential principles in cases under the Preventio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
