Back
NISHA M. THAKORE
State Of Gujarat – Appellant
Versus
Jayantilal Shantilal Joshi – Respondent
JUDGMENT :
Nisha M. Thakore
1. Present appeal is filed under Section 378(1)(3) of the Code of Criminal Procedure at the instance of the State challenging the impugned judgment and order dated 29.04.2010 passed by the learned Special Judge (ACB), Amreli in Special Case (ACB) No.74 of 1999. By the said judgment and order, the learned Judge has recorded the acquittal of the respondent nos. 1 and 2 – original accused for the offences punishable under Sections 7,12,(13)(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.
2. In nutshell, the case of the prosecution before the Special Court was an offence registered being CR-I-No.12 of 1999 with the ACB Police Station, Amreli for the offences punishable under Sections 7,12,13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, inter alia alleging that :-
2.1 The respondent no.1 – original accused no.1 was a public servant discharging his duty as the Assistant Sub Inspector with the Amreli Taluka Police Station had demanded illegal gratification initially of an amount of Rs.5,000/- from the complainant – Karshanbhai Kadavabhai Kamani, who was arrested in reference to the Chapter Case registered against
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt in corruption cases; failure to do so results in acquittal.
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 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 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 demand and recovery of illegal gratification must be proved beyond reasonable doubt to sustain a conviction under the Prevention of Corruption Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
