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S. V. PINTO
State Of Gujarat – Appellant
Versus
Gunvantbhai Dahyabhai Patel Rojamdar Clerk(Watchman) – 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 judgement and order of acquittal passed by the learned Special (ACB) Judge, Fast Track Court No. 4, Panchmahal at Godhra (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 3 of 2003 on 13.01.2055, whereby, the learned Trial Court has acquitted the appellant for the offence punishable under Sections 7, 13(1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 (hereafter referred to as “the PC Act” for short).
The respondent is hereinafter referred to as the accused as he stood in 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 accused's guilt beyond reasonable doubt, and the court has the power to re-appreciate evidence in an appeal against acquittal.
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 presumption of innocence, comprehensive appreciation of evidence, and the legal requirements for proving demand and acceptance of illegal gratification by a public servant under the Prevention of....
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....
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt, and the accused is presumed innocent until proven guilty.
The prosecution must prove the initial demand and acceptance of illegal gratification beyond reasonable doubt, and the burden of proof rests on the prosecution.
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