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 20.11.2015 passed by the learned Special Judge & Additional Sessions Judge, Navsari, Ahwa Dang in Special (ACB) Case No. 2/2014 (Old Special ACB Case No. 4/2002). The trial court had acquitted the respondents, Popat Rajaram Jadav and others, for offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. During the pendency of the appeal, three of the four respondents died: respondent No. 2 Jalamsingbhai Revijibhai Naik died on 21.04.2021 (appeal abated on 19.02.2026), respondent No. 3 Jayeshbhai Dhirubhai Shimpi died on 06.10.2023 (appeal abated on 15.04.2024), and respondent No. 4 Dineshbhai Devabhai Patel died on 19.07.2023 (appeal abated on 02.09.2025). Only respondent No. 1 Popat Rajaram Jadav remained. The High Court, after considering the submissions of the learned APP Ms. C.M. Shah for the appellant and learned advocates Mr. Shivang M. Shah and Ms. Dhara M. Shah for the respondents, found no merit in the appeal. The court held that the trial court's acquittal was based on proper appreciation of evidence and was not perverse. The appeal was dismissed, and the acquittal of the respondents was confirmed. The judgment was delivered by Honourable Ms. Justice S.V. Pinto on 17/03/2026.
Headnote
A) Criminal Appeal - Appeal against Acquittal - Section 378 CrPC - Standard of Review - The High Court in an appeal against acquittal will not interfere unless the findings of the trial court are perverse or based on no evidence. The presumption of innocence in favour of the accused is strengthened by acquittal. (Paras 1-2) B) Prevention of Corruption Act - Offence under Sections 7, 12, 13(1)(d) and 13(2) - Demand and Acceptance of Bribe - The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt. In the absence of credible evidence, acquittal is justified. (Paras 1-2) C) Criminal Procedure - Abatement of Appeal - Section 394 CrPC - On the death of an accused-respondent, the appeal against him abates. In the present case, respondents No. 2, 3 and 4 died during pendency of appeal and the appeal qua them was abated. (Para 1.1)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 by the learned Special Judge & Additional Sessions Judge, Navsari, Ahwa Dang in Special (ACB) Case No. 2/2014 was perverse and liable to be set aside.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Special Judge & Additional Sessions Judge, Navsari, Ahwa Dang in Special (ACB) Case No. 2/2014 is confirmed.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- Prevention of Corruption Act
- 1988
- Sections 7
- 12
- 13(1)(d)
- 13(2)
- standard of proof in criminal appeal
- abatement of appeal on death of accused
