CR.A/1268/1986 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 1268 of 1986 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= STATE OF GUJARAT - Appellant(s) Versus JAYANTILAL RANCHHODBHAI DHUVAD - Opponent(s) ========================================================= Appearance : Mr. Maulik Nanavati, APP, for Appellant(s) : 1, MR MUKUND M DESAI for Opponent(s) : 1, MR JM PANCHAL for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 08/07/2008 ORAL JUDGMENT CR.A/1268/1986 2/3 JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) This is an appeal against acquittal in a case where the prosecution alleges that the accused had demanded bribe and the same was paid. Money was recovered. After the trial, the learned Trial Judge has observed, while acquitting the accused, as under: “In my view, what the prosecution has to prove before asking the Court to raise a presumption against an accused is that the accused had received a gratification other than legal remuneration and I say that the evidence on the record is too short to believe that the accused had received a gratification other than legal remuneration. In my view the mere taking of the money does not amount to taking of a bribe, if there is no intention to appropriate it as a public servant's property. If the public servant takes it with a view to take official action, then in my view it cannot be said at all that there was acceptance of illegal gratification.” 2. The aforesaid conclusion clearly establishes that whatever money was paid was not pursuant to any demand. Unless there is a demand, the case of illegal gratification being accepted is not made out in law. That being the position, the learned trial Judge has acquitted the accused. We have been taken through the record. This is clearly being made out that the prosecution has miserably failed to establish that there was a demand of money and acceptance of illegal gratification. In the police statement of the complainant which has been put CR.A/1268/1986 3/3 JUDGMENT to him in cross-examination that he has not stated that money was demanded by the accused. Thus the demand was not the original case of the prosecution. That being the position, there was no demand as held by the learned trial Judge. If there was no demand then there cannot be any money paid for being converted for the use of the accused. That being the position, we do not find any reason to interfere with the findings recorded by the learned trial Judge in acquitting the accused. In the light of the above whether it could be said to be perverse in an appeal against acquittal unless the findings recorded by the learned trial Judge are perverse or so manifestly illegal that interference is called for by the appellate Court . We do not find any infirmity or illegality in the findings recorded by the trial Judge. Therefore no case for interference in appeal is made out. 3. Learned A.P.P. Mr. Maulik Nanavati has urged that since the money was demanded, under Section 20 of the Prevention of Corruption Act, 1988 the burden shifted on the accused to prove that there was no illegal gratification but then the complainant in his statement has alleged that it was not the demand then the burden itself gets discharged by the case of the prosecution itself. 4. In the result, the appeal fails. Hence the appeal is dismissed. (BHAGWATI PRASAD, J) (S.R BRAHMBHATT, J) (pkn)