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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.UMA
D. Chandrashekhar, S/o. Sri. Dodda Setty – Appellant
Versus
State, By Lokayukta Police, Karnataka Lokayukta Bangalore – Respondent
| Table of Content |
|---|
| 1. prosecution established the context of the bribe demand and acceptance. (Para 2 , 3 , 4 , 5 , 6) |
| 2. witness testimonies corroborated the bribe transaction. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. arguments regarding discrepancies in testimonies were addressed. (Para 29 , 30 , 31 , 32 , 34) |
| 4. legal principles regarding proof of bribery were reiterated. (Para 36 , 37 , 39) |
| 5. court upheld the conviction based on the evidence presented. (Para 40 , 41) |
JUDGMENT :
(M.G. UMA, J.)
The appellant being accused No.1 in Special CC No.172/2006 on the file of the learned Special Judge, Bangalore Urban District, Bangalore City, is impugning the judgment of conviction and order of sentence dated 29.12.2012, convicting him for the offences punishable under Section 7 , 13(1)(d) R/w Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the PC Act') and sentencing to undergo rigorous imprisonment for a period of 8 months for the offence under Section 7 of the PC Act and to pay fine of Rs.3,000/-, to undergo rigorous imprisonment for One year for the offence under Section 13 (1)(d) R/w Section 13 (2) of the PC Act and to pay fine of Rs.5,000/- with default sentenc
The prosecution must establish both the demand and acceptance of illegal gratification for conviction under the Prevention of Corruption Act.
Proof of demand and acceptance of bribe by public servants is essential for conviction under the Prevention of Corruption Act, established through testimonies and corroborative evidence.
Proof of demand for illegal gratification is essential for conviction under the Prevention of Corruption Act; mere acceptance of bribe without establishing demand cannot sustain a conviction.
Proof of demand and acceptance of bribe as a sine qua non for conviction under the Prevention of Corruption Act, emphasizing the necessity of corroborative evidence beyond the complainant's testimony....
The failure to substantiate the demand and acceptance of a bribe precludes conviction under the Prevention of Corruption Act.
The necessity of proving both demand and acceptance of bribe as sine qua non for establishing offences under the Prevention of Corruption Act, along with the requirement for proper certification of e....
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