The State of Maharashtra v. Nivrutti Jagannath Parse
Case brief
What is this about?
The High Court rejected the State's application seeking leave to appeal against the accused's acquittal in a corruption case. The Court held that the acquittal was not perverse as the prosecution failed to prove beyond reasonable doubt that a bribe was demanded and accepted.
What did the court decide?
Application for leave to prefer appeal is rejected.
What the court decided
1 Cri-A-38-10.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Mhi
CRIMINAL APPLICATION NO. 38 OF 2010 IN
CRIMINAL APPEAL NO. OF 2009
The State of Maharashtra ... Applicant/Appellant (Orig. complainant) Vs. Nivrutti Jagannath Parse ... Respondent (Orig. accused)
Mr. Rajesh More, Advocate, for the applicant - State Mr. Vishwanath Talkute, Advocate for the respondent - State.
CORAM: J.H.BHATIA,J. DATE : 14th March, 2011.
P.C.
- Heard.
- This application is filed by the State seeking leave to prefer appeal
against the acquittal of the accused/respondent for the charges under the Prevention of Corruption Act.
Issues for consideration
3 issues framed by the court
Whether the High Court could set aside the acquittal of the accused despite reappreciating the evidence.
Whether the impugned order of acquittal was perverse given the discrepancies in the prosecution's evidence regarding the bribe demand.
Whether the trial court's finding that the prosecution failed to prove the demand and acceptance of the bribe was sustainable.
Parties & counsel
- appellant
The State of Maharashtra
- respondent
Nivrutti Jagannath Parse
Coram
J.H.BHATIA
Case details
As recorded by the court registry
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