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2025 Supreme(SC) 1864

PRASHANT KUMAR MISHRA, JOYMALYA BAGCHI
P. Somaraju – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Basant R, Sr. Adv. Mr. Y. Raja Gopala Rao, AOR Mr. Kavinesh Rm, Adv. Mr. Dhuli Gopi Krishna, Adv. Mr. Akshay Singh, Adv. Ms. Sanjana Jain, Adv.
For the Respondent(s): Mr. Kumar Vaibhaw, Adv. Ms. Devina Sehgal, AOR Mr. Srikanth Varma Mudunuru, Adv. Mr. Ishaan Ojha, Adv.

Judgement Key Points

What is the standard for appellate interference with an acquittal in a criminal appeal under CrPC sections 378 and 386? What is the role of the foundational facts of demand and acceptance in establishing a presumption under Section 20 PC Act, 1988? What are the grounds on which an acquittal can be reversed when two reasonable views are possible on the record?

- Appellate court has power to review and reappreciate evidence in appeal against acquittal, but interference is limited when two reasonable views are possible (!) (!) - Interference warranted only when trial court’s view is perverse, misread, ignored material evidence, or results in manifest miscarriage of justice (!) - The statutory presumption under Section 20 PC Act is not automatic and arises only after proven foundational facts of demand and acceptance (!) - In Rajesh Gupta v. State, mere recovery of currency is not enough; guilt requires proof of voluntary acceptance of money as bribe following demand (!) - The appellate court must address the trial court’s reasoning and evidentiary gaps before reversing an acquittal; "double presumption" of innocence applies (!) (!) - In the instant case, the High Court’s reversal of acquittal was set aside and acquittal restored due to the trial court’s reasonable, evidence-based conclusions and numerous inconsistencies in the prosecution case (!) (!) (!) - The complainant’s evidence contained serious infirmities (inconsistencies, lack of corroboration, lapses in procedure) and independent witnesses supported the defense version, leading to acquittal being reasonable (!) (!) (!) (!) (!) - The trial court’s view was found reasonable and firmly rooted in record; High Court failed to engage with it properly (!) - The Court notes proper interpretation of Contract Labour Rules and rejects High Court’s inconsistent reasoning; acquittal restored on merits (!) (!)

What is the standard for appellate interference with an acquittal in a criminal appeal under CrPC sections 378 and 386?

What is the role of the foundational facts of demand and acceptance in establishing a presumption under Section 20 PC Act, 1988?

What are the grounds on which an acquittal can be reversed when two reasonable views are possible on the record?


JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. This Appeal arises out of the judgment and order dated 08.07.2011 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Appeal No. 1540 of 2004. By way of the impugned judgment, the High Court reversed the order of acquittal dated 28.11.2003 passed by the Court of Principal Special Judge for SPE and ACB Cases, Hyderabad in Calendar Case No.13 of 1999. The appellant, who was the accused before the Trial Court, was thereby convicted for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 19881[For short, ‘the PC Act’] and was sentenced to undergo rigorous imprisonment for one year with a fine of Rs.10,000/- on each count.

2. The facts leading to the instant Appeal may be described briefly. The appellant was an Assistant Commissioner of Labour, Circle I, at Anjaiah Karmica Bhavan, Ashoknagar, Hyderabad from 01.01.1996 to 26.09.1996. The complainant, S. Venkat Reddy (PW-1) was a licensed Labour Contractor who had been operating two establishments, Swetha Enterprises and Sindhu Enterprises, for many years. In June 1997, the complainant made an application to the appellant in

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