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A. V. RAVINDRA BABU
State, Rep. By Inspector of Police – Appellant
Versus
Nimmakayala Vijaya @ Vijaya Kumar – Respondent
JUDGMENT
1. This Criminal Appeal, under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the State, being represented by Inspector of Police, Anti Corruption Bureau (ACB), Nellore Range, Nellore through the Standing Counsel for ACB and Special Public prosecutor questioning the judgment in Calendar Case No.7 of 2003, dated 26.02.2007, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore (for short, 'the Special Judge'), where under the learned Special Judge found the Accused Officer (AO) not guilty of the charges under Sections 7 and 13(2) R/w. 13(1)(d) of the Prevention of the Corruption Act, 1988 (for short, 'the PC Act') and accordingly acquitted him under Section 248(1) Cr.P.C.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.
3. The case of the prosecution, in brief, in C.C. No.7 of 2003 pertaining to Crime No.12/ACB-NLR/2002 of ACB Nellore Range, Nellore on the file of the Court of Special Judge is as follows:
The Accused Officer, Nimmakayala Vijaya @ Vijaya Kumar, worked as Deputy Surveyor in the Office of Mandal Revenue O
The prosecution can prove a valid sanction either by producing the original sanction, which contains the facts constituting the offence and the grounds of satisfaction or by adducing evidence alinude....
The court established that the accused, a public servant, demanded and accepted bribes, violating provisions of the Prevention of Corruption Act, thus overturning the trial court's acquittal based on....
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 judgment established the importance of proving demand and acceptance of illegal gratification by a public servant to establish guilt under Sections 7 and 13(1)(d) R/w.13(2) of the PC Act. It also....
The court affirmed that valid sanction and evidence of demand for bribe are essential for conviction under the Prevention of Corruption Act, with a presumption of guilt established when evidence supp....
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