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HEMANT M. PRACHCHHAK
State Of Gujarat To Be Served Through Director – Appellant
Versus
Ayubmiya Mohmmadmiya Malek – Respondent
| Table of Content |
|---|
| 1. state's appeal against acquittal in corruption case. (Para 1 , 2 , 3) |
| 2. evidence presented by prosecution. (Para 4 , 5) |
| 3. arguments from both sides regarding acquittal. (Para 6 , 7 , 8) |
| 4. court's analysis of appellate powers. (Para 9 , 10 , 11) |
| 5. requirements for prosecution under corruption laws. (Para 12 , 14 , 15 , 16) |
| 6. principles guiding appellate review of acquittal. (Para 17 , 18 , 19) |
| 7. court's reaffirmation on evidence and acquittal. (Para 20 , 21 , 22) |
| 8. final dismissal of the appeal. (Para 23) |
JUDGMENT :
1. The appellant – State of Gujarat has preferred the present appeal under Section 378 of CRIMINAL PROCEDURE CODE , 1973 against the judgment and order of acquittal dated 7.8.2006 passed by the learned Special Judge and Presiding Officer, Fast Track Court No. 2, Anand (hereinafter be referred to as “the Trial Court”) in Special (ACB) Case No. 1 of 2006 (Old Case No.1 of 2000), whereby the respondents-original accused persons were acquitted from the charges levelled against them under Sections 7 , 12, 13(1)(d), 13(2) of the Prevention of Corruption Act.
2. The facts in brief giving rise to the filing of present appeal are as under:
2.1 The complainant Mr.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt for convictions under corruption laws; mere recovery of money is insufficient.
The burden of proof lies with the prosecution to establish demand and acceptance of illegal gratification beyond reasonable doubt.
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