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A. V. RAVINDRA BABU
State of Andhra Pradesh – Appellant
Versus
Atmakuri Varaprasada Rao – Respondent
JUDGMENT :
This is a Criminal Appeal filed by the State, being represented by the Inspector of Police, Anti-Corruption Bureau, Nellore Range, Ongole, Prakasam District, against the judgment in C.C.No.26 of 2002, dated 26.03.2007, on the file of Special Judge for SPE & ACB Cases, Nellore, whereunder the learned Special Judge, found the Accused Officer No.1 (“A.O.1” for short) therein 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).
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, before the Court below according to the charge sheet is as follows :
(ii) The husband of P.W.2 died on 29.09.2000. He was having lands to an extent of Ac.0-19 cents in S
The prosecution must prove the pendency of the official favor as alleged in corruption cases to secure a conviction.
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....
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 absence of foundational evidence regarding demand and acceptance of a bribe justifies the acquittal of the accused.
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 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.
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