Back
S. V. PINTO
Pravinbhai Ratilal Chaudhary – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
S.V. Pinto, J.
1. This appeal has been filed by the appellants – original accused under Section 374 of Code of Criminal Procedure, 1973 against the judgement and order of conviction passed by the learned Judge and Presiding Officer, Fast Track Court No. 5, Surat (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 16/1995 on 06.12.2006, whereby, the learned Trial Court was pleased to convict the accused and sentence the accused no. 1 to rigorous imprisonment of two years and fine of Rs. 5,000/- and in default, simple imprisonment for one month for the offence punishable under Sections 7, 12, 13(1)(d) 1, 2, 3 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”) and the accused no. 2 to rigorous imprisonment of six months and fine of Rs. 1,000/- and in default, simple imprisonment of one month for the offence punishable under Section 12 of the PC Act.
1.1 Criminal Appeal No. 193/2007 has been filed by the State under Section 377 of Code of Criminal Procedure for enhancement of the sentence passed by the learned Judge and Presiding Officer, Fast Track Court No. 5, Surat in Special ACB Case No. 16/1995 on 06.12.
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 demand and recovery of illegal gratification must be proved beyond reasonable doubt to sustain a conviction under the Prevention of Corruption Act.
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 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 demand and acceptance of illegal gratification beyond reasonable doubt for a conviction under the Prevention of Corruption Act.
The demand for bribe money is essential to establish the offense under the Prevention of Corruption Act.
Proof of demand and acceptance of illegal gratification beyond reasonable doubt is essential for conviction under the P.C.Act.
The prosecution must prove the case beyond reasonable doubt, and the evidence must be cogent and reliable for a conviction.
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.
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
