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S. V. PINTO
State Of Gujarat – Appellant
Versus
Sureshkumar Dalachharam Patel – Respondent
JUDGMENT :
1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of acquittal dated 06.10.2006 passed by the learned Presiding Officer, Fast Track Court No.5, District Banaskantha at Palanpur (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 122 of 2001, whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Sections 7, 12, 13(1)(D)(1)(2)(3) read with Section 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the P.C.Act’). The respondents are hereinafter referred to as ‘the accused No.1 and the accused No.2’ at they 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 No.1 was working as a Police Sub Inspector and the accused No.2 was working as an unarmed Police Constable in Chhapi Police Station in March, 2001 and at that time, they demanded a monthly bribe amount of Rs.1,500/- from the complainant Jashwantsingh Bhikhaji Rajput and the c
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....
In cases of acquittal, the prosecution must prove the guilt of the accused beyond reasonable doubt, and major contradictions and inconsistencies in the evidence can lead to the acquittal being upheld....
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