RAJENDRA BADAMIKAR
STATE OF KARNATAKA – Appellant
Versus
JAYAMKUMARI W/O SHIVANAND – Respondent
JUDGMENT :
Rajendra Badamikar, J.
1. This appeal is filed by the State/Lokayukta under Sections 378(1) and 378(3) of Cr.P.C. against the judgment and order of acquittal passed by the Sessions and Special Judge, Koppal in Spl.Case (PC) No. 2/2008 dated 31.10.2011 whereby the sessions judge has acquitted the accused/respondent for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.
2. For the sake of convenience parties herein are referred to their original ranks occupied by them before the trial Court.
3. The brief factual matrix leading to the case are that the complainant is permanent resident of Kushtagi and he is doing the business of bricks furnace by the side of NH-13 Kushtagi and he is using the coolies to prepare the bricks. It is alleged that on 22.11.2007 at about 11.30 a.m., the Labour Inspector of Kushtagi i.e., accused has visited his bricks manufacturing furnace and one Hanumavva was working as a coolie and her sister 's daughter aged about 8-9 years was brought a child for breast feeding of Hanumavva. When the accused found the child, he has recorded the statement of the child on the ground that she is being
The prosecution must establish demand and acceptance of a bribe, and the trial court's view, if possible, cannot be interdicted by the appellate court.
The prosecution must prove the guilt of the accused beyond all reasonable doubt, and the evidence of demand, acceptance, and recovery must be corroborated and consistent to establish the offense unde....
The judgment established the importance of circumstantial evidence, the admissibility of evidence from a hostile witness, and the need for the accused to provide a true explanation to rebut the presu....
The prosecution must prove both the demand and acceptance of bribes beyond a reasonable doubt for a conviction under the Prevention of Corruption Act; mere recovery of money is not sufficient.
The proof of demand and acceptance of illegal gratification is essential for establishing the offence under the Prevention of Corruption Act, and the prosecution must prove the case beyond all reason....
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt in corruption cases; failure to do so results in acquittal.
Prosecution must prove demand and acceptance of bribe beyond reasonable doubt for conviction; mere acceptance of bribe is inadequate.
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