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VENKATA JYOTHIRMAI PRATAPA
Mohammed Mahaboob Ali (died) – Appellant
Versus
State of A P – Respondent
JUDGMENT :
Venkata Jyothirmai Pratapa, J.
1. This Criminal Appeal is filed by the Appellant/Accused under Section 374(2) of the Code of Criminal Procedure,1973[Hereinafter, Cr.P.C.] (for short ‘the Code’) aggrieved by the impugned Judgment of conviction and sentence dated 28.07.2008 passed in C.C.No.9 of 2005 on the file of the Court of Special Judge for SPPE & ACB Cases, Vijayawada[Hereinafter, trial court] for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. [Hereinafter ‘P.C.Act’]
2. Appellant was convicted under Section 248(2) of the Cr.P.C. and was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/- ,in default to suffer simple imprisonment for a period of three months for the offence punishable under Section 7 of the P.C. Act and further sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/-, in default to suffer simple for three months for the offence punishable under Section 13(1)(d) read with Section 13(2) of the P.C. Act. The sentences were directed to run concurrently.
3. Appellant herein is the Accused Officer, respon
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Proof of demand and acceptance of bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is insufficient.
Proof of demand for illegal gratification is essential to establish offences under the Prevention of Corruption Act; mere recovery of money is insufficient.
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Requirement to prove demand and acceptance of illegal gratification under the Prevention of Corruption Act is critical for conviction; mere recovery of money is insufficient.
Point of law: Demand and acceptance of the amount as illegal gratification is a condition precedent for constituting an offence under the Act, it is to be noted that there is a statutory presumption ....
Demand and acceptance of illegal gratification are essential for establishing the offence under Section 7 of the PC Act, and the prosecution must prove the demand of gratification beyond reasonable d....
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