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