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A. V. RAVINDRA BABU
P. Subbarayudu S/o Subbanna – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
A.V. RAVINDRA BABU, J.
1. The judgment, dated 31.08.2006, in Calendar Case No. 22 of 2001, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore (for short “the learned Special Judge”) is under challenge in the present Appeal filed by the Appellant-Accused Officer (AO).
2. The AO faced charges 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”) before the learned Special Judge. The learned Special Judge, on conclusion of trial, found the AO guilty of the charges under Sections 7 and 13(2) R/w. Section 13(1)(d) of the PC Act and convicted him under Section 248(2) Cr.P.C. After questioning him about the quantum of sentence, the learned Special Judge sentenced him to undergo Rigorous Imprisonment for six (6) months and to pay a fine of Rs.200/- in default to suffer Simple Imprisonment for one month for the charge under Section 7 of the PC Act and to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.300/- in default to suffer Simple Imprisonment for two months for the charge under Section 13(2) R/w. Section 13(1)(d) of the PC Act. Both the above substantive senten
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 ....
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....
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....
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