STATE OF GUJARAT versus NAVINBHAI CHANDRAKANT JOSHI (MISCELLANEOUS APPLICATION NO. 2597 OF 2018)

STATE OF GUJARAT versus NAVINBHAI CHANDRAKANT JOSHI (MISCELLANEOUS APPLICATION NO. 2597 OF 2018)

The conviction under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 is modified to conviction under Section 8 of the Act based on recovery of bribe amount and anthracene powder from respondent no.1, who is not a Government servant.

Parties
Appellant: State of Gujarat; Respondent/applicant/accused No.2: Navinbhai Chandrakant Joshi
Jurisdiction
India
Judgment Date
07 December 2018
Procedural Posture
Miscellaneous Application in Criminal Appeal / Modification of Prior Judgment
Outcome
earlier judgment modified
Legal Topics
Judgment Modification, Prevention of Corruption Act
Criminal Law Anti Corruption Judgment Modification Prevention of Corruption Act

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Parties

State of Gujarat

Appellant

Navinbhai Chandrakant Joshi

Respondent/applicant/accused No.2

Procedural Posture

Miscellaneous Application in Criminal Appeal / Modification of Prior Judgment

Legal Issues

  1. 1 Whether the respondent/accused no.2 was correctly described as a Government servant in the prior judgment.
  2. 2 Whether conviction under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 was proper given the facts.

Ratio Decidendi

The conviction under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 is modified to conviction under Section 8 of the Act based on recovery of bribe amount and anthracene powder from respondent no.1, who is not a Government servant.

Court Disposition

earlier judgment modified

Orders

  • Conviction under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 changed to conviction under Section 8 of the Act.
  • Sentence reduced from one year to six months.