In a significant legal case, the Gujarat High Court has confirmed the acquittal of Bharatbhai Dhirubhai Dubhat in a corruption matter. The court’s decision highlights the critical role of the Trial Court’s findings and the limited scope for appellate intervention in cases of acquittal. The case sheds light on the principles of criminal jurisprudence and the necessity for compelling evidence to overturn a decision. #LegalCase #HighCourt #Corruption #Acquittal
Facts
- In 2003, Bharatbhai Dhirubhai Dubhat, the Sarpanch of Trakuda Gram Panchayat, approached the Supervisor of Taluka Panchayat for payment of a purchased submersible pump and motor.
- The Supervisor demanded illegal gratification of Rs. 1500 from Bharatbhai, out of which Rs. 1000 was for himself and Rs. 500 for the Account Clerk.
- Bharatbhai refused and informed the A.C.B. Police Station, which arranged a trap.
- During the trap, Bharatbhai handed over Rs. 1500 to the Supervisor in marked currency notes.
- After the money exchange, Bharatbhai declared the deal over in front of witnesses.
- The Special Court acquitted the Supervisor of corruption charges despite clear evidence, leading to the State’s appeal against the acquittal.
Arguments
- Learned APP contends that demand and acceptance of illegal gratification by the respondent were proven.
- The Special Court should have considered this evidence and convicted the respondent.
- The charges against the respondent were supported by sufficient proof according to the Learned APP.
- It is argued that the respondent’s involvement in the illegal activities was established beyond doubt.
- Learned advocate for the respondent is absent during the hearing.
- Minor contradictions in prosecution evidence are pointed out by the APP.
- APP requests to quash the judgment and convict the respondent for the offenses.
Analysis
- The view taken by the learned trial court was considered reasonable and even if another view was possible, it was not a sufficient ground to set aside the order of acquittal.
- The approach of the appellate court in deciding an appeal from the order of acquittal was summarized in the case of Sanjeev v. State of H.P.
- The principle of presumption of innocence in favor of the accused unless proven guilty is a cardinal principle of criminal jurisprudence.
- The appreciation of evidence by the trial court while recording the acquittal was considered a reasonable view in Jagan M. Seshadri v. State of T.N.
- The duty of the appellate court while dealing with an appeal against acquittal includes addressing the reasons for acquittal by the trial court.
- The scope for the Court to interfere with the order of acquittal by the Special Court is very limited as reiterated in Mallappa Vs. State of Karnataka.
- The Trial Court’s view in case of acquittal is crucial; High Court cannot convict without plausible reasons.
- Absence of demand for illegal gratification weakens the case against the accused.
- Trap was set up after cheques were handed over, raising doubts about the motive.
- Cross-examination of panch witness contradicts some claims, creating further doubt.
- Presumption of innocence must be upheld when two views are possible in a criminal case.
- Depositions reveal lack of demand for illegal gratification during the trap.
- Doubt arises regarding the actual location of the trap, based on conflicting testimonies.
- High Court overlooked principles of appeal against acquittal and the necessity for stronger evidence to reverse a decision.
- Appellate powers allow for re-assessment of evidence, but with caution especially in cases of acquittal.
- The learned Judge did not commit any error in passing the impugned judgment and order.
- The findings recorded by the Trial Court in acquitting the accused were just and proper.
- No illegality or infirmity was committed by the Trial Court in recording the said findings.
Decision
- Bail and bail bonds of the accused are discharged.
- The judgment and order of the Trial Court dated 09.06.2006 is confirmed.
- The appeal is dismissed.
- R & P to be sent back to the concerned trial Court immediately.
- The present appeal deserves to be dismissed.
Case Title: THE STATE OF GUJARAT Vs. NAGJIBHAI GOVINDBHAI PARMAR
Case Number: R/CR.A/2119/2006
