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S. V. PINTO
State of Gujarat – Appellant
Versus
Manukumar Premjibhai Vara – 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 dated 28.03.2005 passed by the learned Special Judge, Fast Track Court No. 5, Jamnagar (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 16 of 1993, whereby, the learned trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the Act’). 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 was working as Grade-II, Unarmed Police Head Constable in the traffic branch of Jamnagar City and was a Public Servant that the complainant i.e. Mr. V.K.Mavani Police Inspector, ACB Police Station had received a secret information on 06.04.1993 that the traffic Police personnel were halting trucks going from Jamnagar Gulabnagar Petrol Pump towards Bedibandar and were threatening to file cases agai
The judgment underscores the fundamental legal principle that the prosecution must prove the case against the accused beyond reasonable doubt, and that suspicion alone cannot lead to a conviction.
The presumption of innocence in favor of the accused, comprehensive appreciation of evidence, and the need for proof beyond reasonable doubt in corruption cases.
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 case against the accused beyond reasonable doubt, and the demand and acceptance of illegal gratification must be established for an offence under the Prevention of Corr....
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