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S. V. PINTO
State of Gujarat – Appellant
Versus
Narendra Harprasad Gupta – Respondent
JUDGMENT :
S.V. PINTO, J.
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 24.07.2009 passed by the learned Special Judge, Kachchh-Bhuj (hereinafter referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 11 of 2001, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(d) and 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:
The main legal point established in the judgment is the requirement for the prosecution to prove demand and acceptance of illegal gratification beyond reasonable doubt, the presumption of innocence i....
The prosecution must prove the initial demand and acceptance of illegal gratification beyond reasonable doubt, and the burden of proof rests on the prosecution.
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; mere recovery of tainted currency is insufficient for conviction.
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.
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