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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Hagami Lal Kumawat s/o Madhu lal Kumawat – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of the factual background of the case. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. analysis of prosecution's burden to prove demand. (Para 9 , 10) |
| 3. hostility of witnesses undermines prosecution's case. (Para 11 , 12 , 13) |
| 4. inadmissibility of electronic evidence due to non-compliance. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. error by trial court in convicting based on weak evidence. (Para 22 , 23 , 24) |
| 6. cumulative appraisal indicates prosecution's failure to prove. (Para 25 , 26 , 27) |
| 7. court's opinion on the trial court's errors. (Para 28) |
| 8. decision to quash conviction and acquit the accused. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
Farjand Ali, J.
Grievance
1. By way of filing the instant appeal, the appellant assails the judgment of conviction and order of sentence dated 27.10.2015 passed by the learned Special Judge (Sessions Court) for P.C. Act Cases, Udaipur in Criminal Case No. 16/2009, whereby the appellant has been convicted under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo two years’ rigorous imprisonment with a fine of Rs. 20,000/- and, in default thereof, to further undergo two months’ additional imprisonment, which judgme
The required proof of demand for illegal gratification under Section 7 of the Prevention of Corruption Act was not established, necessitating the acquittal of the accused.
Proof of demand and acceptance is essential for conviction under the Prevention of Corruption Act; mere recovery without evidence of bribe demand is insufficient.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; failure to comply with procedural requirements and evidential standards results in acquittal.
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