Corruption is an offence against society: Supreme Court sets aside Gujarat High Court Judgment acquitting an accused
Offences under the Corruption Prevention Act are' offences against society,' the Supreme Court said Tuesday, setting aside the verdict of the Gujarat High Court that acquitted an accused in a bribery case. The apex court, which found that while acquitting the accused, there was no re-appreciation of entire facts on record in depth, said the matter deserves to be remanded to the high court to deem it new in accordance with the statute.
The high court should have admitted that it dealt with crimes against society under the Prevention of Corruption Act. And so, the high court should have been more vigilant, and should have gone into detail.
A bench led by Justice Ashok Bhushan said, "We do not approve the way the high court has dealt with the appeal." The judgment and order challenged on January 12, 2015, passed by the high court acquitting the accused for the crimes under the Act for which he was charged is hereby quashed and set aside. The appeal is returned to its original file before the high court,” it said. The high court had acquitted the accused for the offences under the provisions of the Prevention of Corruption Act by setting aside the trial court verdict. While setting aside the judgement of the high court, the supreme court said, The high court's approach to dealing with/non-dealing with the evidence was clearly illegal, leading to serious miscarriage of justice. Therefore, we are of the firm opinion that the violated judgment and order passed by the high court acquitting the defendant-accused without advertising the reasons given by the trial court while at the same time acquitting the defendant-accused was concluded by the bench.