Back
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
| Table of Content |
|---|
| 1. overview of criminal appeal and parties involved. (Para 1 , 2) |
| 2. background on the charge against the appellant. (Para 3 , 4 , 5) |
| 3. summary of examination and evidence submitted. (Para 6 , 7 , 8) |
| 4. legal points of consideration raised in appeal. (Para 10 , 11 , 12) |
| 5. legal validity of sanction order against appellant. (Para 14 , 15 , 16) |
| 6. discussions on witness testimonies about the allegations. (Para 19 , 35) |
| 7. analysis of the defense and rebuttals. (Para 38 , 47) |
| 8. application of relevant legal precedents to the case. (Para 49 , 50) |
| 9. summary judgment and dismissal of the appeal. (Para 54 , 56) |
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 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....
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
