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RAMACHANDRA D. HUDDAR
Rangaramaiah, S/o. Late Madaiah – Appellant
Versus
State of Karnataka by Lokayukta Police Mysore – Respondent
| Table of Content |
|---|
| 1. accused was charged with demanding a bribe for conducting a survey. (Para 1) |
| 2. allegation of bribery by the accused (Para 3 , 4 , 5 , 6 , 10 , 20) |
| 3. defense argued that evidence was contradictory and demanded elements were not proven. (Para 11 , 12 , 32 , 33) |
| 4. presumption of guilt in bribery cases and the importance of corroboration (Para 17 , 57 , 68) |
| 5. prosecution's obligation to prove demand and acceptance of bribe (Para 19 , 34 , 47) |
| 6. role and responsibility of the accused in the complaint process (Para 37 , 39 , 46 , 56) |
| 7. conclusion on the prosecution's failure to prove the case (Para 69 , 70) |
JUDGMENT :
Ramachandra D. Huddar, J.
Appellant-accused has assailed the judgment of his conviction and order of sentence dated 14th June 2011 passed in Spl.Case No.54/2009 by the III Addl. Sessions and Spl.Judge, Mysuru.
2. Parties to this appeal are referred to as per their rank before the trial Court for convenience.
3. Brief facts leading upto this appeal are as under:
That, accused was charge-sheeted by the Circle Inspector of Police, Lokayukta, Mysuru alleging commission of offences punishable under Section 7 and 13(1)(d) read with Sec.13(2) of Prevention of Corrupti
The prosecution must prove the demand and acceptance of bribes beyond reasonable doubt; mere recovery of tainted money is insufficient for conviction.
The court affirmed that a valid sanction and credible evidence of demand and acceptance of bribes are essential for conviction under the Prevention of Corruption Act.
The prosecution must prove both the demand and acceptance of illegal gratification to substantiate a conviction under the Prevention of Corruption Act; mere recovery of bribe money without proven dem....
The prosecution must establish the demand for and acceptance of illegal gratification beyond reasonable doubt; mere recovery of tainted money and contradictions among witnesses insufficient for convi....
Proof of demand for illegal gratification is essential to convict under the Prevention of Corruption Act; mere recovery of bribe money is insufficient.
Prosecution must prove demand and acceptance of bribe beyond reasonable doubt for conviction; mere acceptance of bribe is inadequate.
The prosecution must prove the demand, acceptance, and recovery of illegal gratification, and once these foundational facts are proved, there is a presumption under Section 20 of the Prevention of Co....
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