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S. V. PINTO
Khandubhai Chhanabhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
S.V. PINTO, J.
1. Both these criminal appeals are arise out of the same impugned judgment and order passed by the learned Special Judge, 2nd Fast Track Court, Valsad in Special Corruption Case No. (New) 52 of 2002 [Special Corruption Case No. (Old) 5 of 2001] on 29.03.2006 and hence, both these appeals are decided by this common judgment.
2. Criminal Appeal No. 890 of 2006 has been filed by the appellant-original accused under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of conviction in Special Corruption Case No. (New) 52 of 2002 [Special Corruption Case No. (Old) 5 of 2001] passed by the learned Special Judge, 2nd Fast Track Court, Valsad (hereinafter referred to as ‘the learned Trial Court’) on 29.03.2006, whereby, the learned Trial Court has convicted the appellant-accused for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C. Act’).
2.1. Criminal Appeal No. 1591 of 2006 has been filed by the State under Section 377 of the Code against the impugned judgment and order of conviction in S
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.
The demand for bribe money is essential to establish the offense under the Prevention of Corruption Act.
The demand and recovery of illegal gratification must be proved beyond reasonable doubt to sustain a conviction under the Prevention of Corruption 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....
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt; mere suspicion is insufficient for conviction.
Proof of demand and acceptance of illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and without clear, cogent, and reliable evidence of demand, no convicti....
Proof of demand and acceptance of illegal gratification beyond reasonable doubt is essential for conviction under the P.C.Act.
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