STATE OF GUJARAT vs RANJITSINH PRABHATSINH KATHVADIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
Z.K. SAIYED, J
STATE OF GUJARAT – Appellant
Versus
RANJITSINH PRABHATSINH KATHVADIA – Respondent

Advocates:
For the Appellants/Petitioners: MR HS SONI, ADDITIONAL PUBLIC PROSECUTOR
For the Respondents:MR JAGAT PATEL for MR HARDIK A DAVE, ADVOCATE

Table of Content
1. overview of case facts and incident leading to prosecution. (Para 1 , 2 , 3)
2. arguments presented by both parties regarding evidence and legality. (Para 5 , 6)
3. court's observations on evidence and principles governing appeals. (Para 8 , 11)
4. the necessity for the prosecution to establish demand and acceptance in bribery cases. (Para 12)
5. final decision on the appeal's merits. (Para 14)

JUDGEMENT

1. By way of this Appeal preferred under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'the Code'), the Appellant – State has challenged the judgment and order of acquittal dated 15.07.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Surat in Special (ACB) Case No.6/1999 whereby the accused were acquitted of the offences punishable under Sections 7 , 12, 13(1)(d) and 13(2) of the Prevention of the Corruption Act, 1988 (hereinafter referred to in short as 'the Act').

2. The brief case of the prosecution and the incident which is alleged to have occurred on 09.10.1998 is detailed below :-

Mr. A.M. Rathod, Police Inspector, ACB Branch, Surat had got information that the in the are

Click Here to Read the rest of this document

GUJARAT HIGH COURTZ.K. SAIYED, JSTATE OF GUJARAT – AppellantVersusRANJITSINH PRABHATSINH KATHVADIA – Respondent

GUJARAT HIGH COURT
Z.K. SAIYED, J
STATE OF GUJARAT – Appellant
Versus
RANJITSINH PRABHATSINH KATHVADIA – Respondent