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S. V. PINTO
State of Gujarat – Appellant
Versus
Shambhubhai Jesangbhai Raval – 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 (herein after referred to as ‘the Code’) against the judgment and order of acquittal dated 21.04.2010 passed by the learned 5th Additional District and Sessions Judge, Surat (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 24 of 2003, 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 P.C. 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 prosecution must prove the demand and acceptance of illegal gratification as a fact in issue, and the presumption of innocence must be upheld. A thorough appreciation of evidence is required befo....
The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt; mere recovery of tainted currency is insufficient for conviction.
The judgment emphasizes the need to prove the demand and acceptance of illegal gratification beyond reasonable doubt, highlighting the requirement for direct or circumstantial evidence and the presum....
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 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 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 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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