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HEMANT M. PRACHCHHAK
State Of Gujarat To Be Served Through Director – Appellant
Versus
Ayubmiya Mohmmadmiya Malek – Respondent
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. J.J. Patel P.I., Anti Corruption Bureau ('ACB' for short) Nadiad, has received secret information that Anand Traffic Police are giving memo of R.T.O or Court to auto rickshaw drivers who have no license and overloading passenger, and the traffic police also demanding bribe of Rs. 50/- to 100/- for not doing further legal procedure. On this fact a complaint was lodged and a trap was arranged by the ACB police party and called the panch-witness. Thereafter, they have understood the matter to the panch-witness and also shown
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.
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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