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Judgement |
| PREVENTION OF CORRUPTION ACT, 1988 |
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| PREVENTION OF CORRUPTION ACT, 1988 |
CrPC — S 378 — Appeal against acquittal — PC Act — S s 7 & 13(1)(d) r/w 13(2) — Not satisfactorily proved that how the currency notes reached in the pocket of accused — Non proving of the colour of currency turning pink — these two material facts were not satisfactorily proved — benefit of doubt — Held, the view taken by the High Court is based on appreciation of evidence and the same was taken within its jurisdiction — The view is one of the possible views —Acquittal upheld. (Para 11 & 15) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
Criminal Trial — Criminal Jurisprudence — Effective trial — Relevance of — Held, an effective trial for real or actual offences found during course of proper investigation is as much relevant, desirable and necessary as an expeditious disposal of the mater by the Courts — Hasanbhai Valibhai Qureshi v. State of Gujarat—Relied. (Para 6) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
Criminal Jurisprudence — Person who has been discharged vis-à-vis a person who was never subjected to investigation or if subjected to, but not charge-sheeted — A person who has been discharged stands on a different footing — Such a person has stood the stage of inquiry before the court — and upon judicial examination of the material collected during investigation; — the court had come to the conclusion that there is not even a prima facie case to proceed against such person. (Para 23) |
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