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A. V. RAVINDRA BABU
Talluri Gilbert Subhashan Kumar @ Kumar, S/o. George – Appellant
Versus
State of A. P. , Rep. by Spl. Public Prosecutor – Respondent
JUDGMENT :
The judgment, dated 15.05.2015, in Calendar Case No.1 of 2006 on the file of the Court of Special Judge for SPE and ACB Cases-cum-III Additional District and Sessions Judge, Vijayawada (for short, "the learned Special Judge"), is under challenge in these two Appeals. Criminal Appeal No.474 of 2015 is filed by the appellant, who was the Accused Officer No.1 (AO-1) and Criminal Appeal No.497 of 2015 is filed by the appellant, who was the Accused Officer No.2 (AO-2), in the aforesaid Calendar Case respectively.
2. Both the Appellants, as above, as Accused Officers No.1 and 2, faced joint charges before the learned Special Judge for the offences under Sections 7 and 13(1)(d) R/w. Section 13(2) of the Prevention of the Corruption Act, 1988 (for short, "the PC Act"). The learned Special Judge found both the appellants herein guilty of the charges and convicted and sentenced them.
3. The parties to these Criminal Appeals will hereinafter be referred to as described before the trial Court, for the sake of convenience.
4. The State, represented by Inspector of Police, Anti Corruption Bureau, Eluru Range, Eluru, West Godavari District filed charge sheet pertaining to Crime No.5/ACB-RC
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....
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 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 guilt of the accused beyond reasonable doubt, the need for corroborative evidence for witness test....
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