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A. V. RAVINDRA BABU
Shaik Darbar Basha, S/o. S. Abdul Rasheed – Appellant
Versus
State of AP, Rep. by Standing Counsel & Special Public Prosecutor for SPE & ACB Cases, High Court of A. P. Amaravathi – Respondent
JUDGMENT :
(A.V. Ravindra Babu, J.)
This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the appellant, who was the Accused Officer (AO) in Calendar Case No.29 of 2004, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore, (for short, ‘the learned Special Judge’), challenging the judgment, dated 26.10.2007, whereunder the learned Special Judge found the AO guilty of the charges 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’), convicted him under Section 248(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer Simple Imprisonment for one month for the charge under Section 7 of the PC Act and further sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer Simple Imprisonment for one month for the charge under Section 13(2) R/w. Section 13(1)(d) of the PC Act. Both the above sentences shall run concurrently.
2. The parties to this Criminal App
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 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 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....
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