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A. V. RAVINDRA BABU
State of Andhra Pradesh – Appellant
Versus
Lingaam Narayana S/o Seshaiah – Respondent
JUDGMENT :
A.V. RAVINDRA BABU, J.
1. This Criminal Appeal is directed against the judgment of acquittal, dated 16.11.2007, in Calendar Case No. 3 of 2004, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore (for short, ‘the learned Special Judge’).
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 in Crime No. 6/RCT-TCD/2003 of ACB, Kadapa District, Tirupati Range alleging the offences under Sections 7 and 13(2) R/w. 13(1)(d) of the Prevention of the Corruption Act, 1988 (for short, ‘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 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 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....
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 allegations beyond reasonable doubt in corruption cases under 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....
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