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A. V. RAVINDRA BABU
State Rep. by Dy. Superintendent of Police – Appellant
Versus
P. M. K. Chowdary – Respondent
JUDGMENT :
A.V. RAVINDRA BABU, J.
1. This is a Criminal Appeal filed by the State, being represented by the Dy. Superintendent of Police, Anti-Corruption Bureau, Vijayawada Range, Vijayawada, through the Standing Counsel-cum-Special Public Prosecutor for ACB Cases, challenging the judgment, dated 04.04.2007 in C.C. No. 3 of 2003, on the file of Special Judge for SPE/ACB Cases, Vijayawada, whereunder the learned Special Judge, found the respondent herein i.e. Accused Officer (“AO” for short) not guilty of the charges under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and acquitted him under Section 248(1) of the Code of Criminal Procedure (“Cr.P.C.” for short). But, at the same time, he made an order to prosecute PW-1 for perjury with a direction to lodge a complaint against him before the jurisdictional Magistrate.
2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.
3. The State, represented by the Dy. Superintendent of Police, Vijayawada Range, Vijayawada, filed a charge sheet in Crime No. 11/ACB-CR/2000, alleging in substance, as follows:
Demand and acceptance of bribe by a public servant is a criminal misconduct within the meaning of Section 13(1)(d) R/w. Section 13(2) of the PC Act.
The main legal point established in the judgment is the requirement for the prosecution to prove the official favor pending with the accused and the demand for bribe beyond reasonable doubt.
The demand and acceptance of a bribe by a public servant constitutes the essential ingredients of the offenses under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 ....
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