Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 25.04.2008 passed by the learned Special Judge & Additional Sessions Judge, 4th Fast Track Court, Godhra in Special Case No. 9/2001 (ACB). The respondent, Shankarbhai Kidiyabhai Damor, was acquitted of offences punishable under Sections 7, 13(1)(d)(1)(2)(3) and 13(2) of the Prevention of Corruption Act, 1988. The case arose from a decoy trap laid by the ACB Police Inspector, Laxmansinh Parbatsinh Solanki, based on secret information that RTO employees at Godhra were taking illegal gratification of Rs. 50 to Rs. 70 for vehicle transfers. A decoy, Abdulmajid Ismail Khalpa, was used without any prior complaint from him. The trap resulted in the recovery of tainted money from the accused. The trial court acquitted the accused, finding the prosecution evidence unreliable, the decoy trap invalid, and the sanction for prosecution defective. The High Court, after re-appreciating the evidence, held that the trial court's findings were not perverse and that the prosecution failed to prove demand and acceptance beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Scope of Interference - The High Court in an appeal against acquittal will not interfere unless the findings of the trial court are perverse or unreasonable. The presumption of innocence is strengthened by acquittal. (Paras 1-3) B) Prevention of Corruption Act - Demand and Acceptance - Sections 7, 13(1)(d), 13(2) - Proof of Demand - The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt. Mere recovery of tainted money is insufficient to convict. (Paras 10-15) C) Evidence Law - Decoy Trap - Validity - A decoy trap without a prior complaint from the decoy is invalid and the evidence of such trap is unreliable. The decoy must be a genuine complainant, not a police agent. (Paras 16-20) D) Prevention of Corruption Act - Sanction for Prosecution - Section 19 - Validity - The sanction order must be based on proper application of mind and all relevant materials. If the sanction is invalid, the trial is vitiated. (Paras 21-25)
Issue of Consideration
Whether the acquittal of the accused under the Prevention of Corruption Act, 1988 was justified when the trap was laid without a prior complaint from the decoy and the prosecution evidence was found unreliable.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Special Judge & Additional Sessions Judge, 4th Fast Track Court, Godhra in Special Case No. 9/2001 (ACB) dated 25.04.2008 is confirmed.
Law Points
- Decoy trap without prior complaint is invalid
- Acquittal upheld if prosecution fails to prove demand and acceptance beyond reasonable doubt
- Section 378 CrPC appeal against acquittal requires strong grounds
