Back
A. V. RAVINDRA BABU
State of A. P. , Rep. by its SPL PP Hyd. – Appellant
Versus
Juthiga Murali Krishna – Respondent
JUDGMENT :
This is a Criminal Appeal filed by the State, being represented by the Inspector of Police, Anti-Corruption Bureau, Eluru Range, Eluru, challenging the judgment, dated 13.02.2007 in C.C.No.1 of 2003, on the file of Special Judge for SPE & ACB Cases, Vijayawada (hereinafter will be referred to as 'Special Judge'), where under the learned Special Judge, found the respondents herein i.e., Accused Officers ('A.O.1 and A.O.2' for short) not guilty of the charges under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 ('P.C. Act' in short) and acquitted them under Section 248(1) of the Code of Criminal Procedure ('Cr.P.C.' for short).
2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.
3. The case of the prosecution, in brief, according to the charge sheet filed before the Court below is as follows :
The absence of foundational evidence regarding demand and acceptance of a bribe justifies the acquittal of the accused.
The main legal point established in the judgment is the requirement for the prosecution to prove allegations beyond reasonable doubt in corruption cases under the Prevention of Corruption Act, 1988.
The prosecution must establish the pendency of official favor, demand and acceptance of the bribe, and the facilitation of the offense by accomplices to secure a conviction under the Prevention of Co....
The central legal point established in the judgment is the requirement for foundational facts to prove demand and acceptance of bribe, and the benefit of presumption under Sec. 20 of the P.C. Act.
The presumption under Section 20 of the Prevention of Corruption Act (P.C. Act) can only be drawn if the prosecution proves the foundational facts, such as demand and acceptance of bribe. In the abse....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
