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S. V. PINTO
Balvantsinh Vakhatsinh Rathod – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
S.V. PINTO, J.
1. This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgment and order of conviction passed by the learned Presiding Officer, Fast Track Court No. 2, Vadodara, (hereinafter referred to as “the learned Trial Court”) in Special Case No. 15 of 2004 on 12.11.2008, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Section 13(1)(d)(ii)(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”).
The appellant 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:
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....
The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt for 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.
Proof of demand is essential in corruption cases under the Prevention of Corruption Act, and mere recovery of tainted currency notes without proof of demand is insufficient to establish an offence.
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 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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