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A. V. RAVINDRA BABU
Khaja Syed Rafiuddin – Appellant
Versus
State Of A. P. , Rpe. By Spl. PP. – Respondent
JUDGMENT :
The judgment in Calendar Case No.23 of 2003, dated 20.06.2007, 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/unsuccessful Accused Officer.
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 State, represented by Inspector of Police, Anti Corruption Bureau, Kadapa District, Tirupati Range filed charge sheet pertaining to Crime No.1/RCT-TCD/2003 of ACB, Kadapa District, Tirupati Range under Sections 7 and 13(2) R/w. Section 13(1)(d) of the Prevention of the Corruption Act, 1988 (for short, ‘the PC Act’), alleging, in substance, that the Accused Officer by name Khaji Syed Rafiuddin worked as Divisional Engineer, DPE, APSPDCL, Kadapa District as such he is a ‘Public Servant’ within the meaning of Section 2(c) of the PC Act.
LW.1 – P. Chinna Bali Reddy, S/o. Obul Reddy, R/o.D.No.6/489, Sankarapuram, Kadapa Town is running R.R. Iron Work Shop at D.No.7/154-4 G, N.G.O. Colony, Kadapa Town since 1990. The shop is having electrical Service Connection No.32390
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 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 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 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 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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