Back
A. V. RAVINDRA BABU
C. N. Seshachalapathi Raju S/o late C. V. Nagaraju – Appellant
Versus
State of AP. , Rep. by Its Special P. P ACB – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. basic facts of the case and charges against a.o. (Para 1 , 3 , 4) |
| 2. court's reasoning on validity of evidence and sanction. (Para 6 , 10 , 12) |
| 3. arguments related to doubt about the demand and evidence. (Para 11 , 13 , 36) |
| 4. establishment of presumption of corruption under p.c. act. (Para 44 , 46) |
| 5. final decision and dismissal of the appeal. (Para 48 , 49 , 50) |
JUDGMENT :
This Criminal Appeal is filed by the appellant, who was the Accused Officer (“A.O.” for short) in C.C.No.4 of 2007, on the file of Special Judge for SPE & ACB Cases, Nellore (“Special Judge” for short), challenging the judgment, dated 21.07.2011, whereunder the learned Special Judge, found the A.O. guilty of the charges under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (“P.C. Act” for short) and convicted him under Section 2 48(2) of the Code of Criminal Procedure (“Cr.P.C.” for short). After questioning the A.O. about the quantum of sentence, the learned Special Judge, sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for three months for the offence under Section 7 of P.C. Act and
The judgment establishes the importance of proving foundational facts and providing substantial evidence to support allegations in a corruption case.
Demand and acceptance of bribe are essential ingredients of the offences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. Mere recovery of tainted amount in the abse....
Illegal gratification – Mere recovery of tainted amount in absence of any proof of demand and acceptance cannot be taken as sufficient to convict accused.
The central legal point established in the judgment is the requirement for foundational facts to prove demand and acceptance of bribe, and the benefit of presumption under Sec. 20 of the P.C. 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
