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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH, J
Manjanna M.K., S/o Kumategowda – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
H.P. SANDESH, J.
Heard the learned counsel for the appellant and the learned counsel for the respondent.
2. This appeal is filed challenging the judgment of conviction and sentence dated 29.09.2021 passed in Special C.C.No.383/2018 for the offences punishable under Sections 8 , 13(1)(d) read with 13(2) of the Prevention of corruption Act (‘PC Act’ for short), wherein the accused was imposed rigorous imprisonment for a period of three years with fine of Rs.50,000/- for the offence punishable under Section 8 of PC Act and four years with fine of Rs.50,000/- for the offence punishable under Sections 13 (1)(d) read with 13(2) of the PC Act.
3. The factual matrix of the case of the ACB is that the accused is working as a Head Constable in Bagalagunte Police Station. The Bagalagunte police have registered the case in Crime No.238/2017 against the informant/P.W.2 and P.W.6 Arun. The accused and other two police officers on 15.06.2017 arrested P.W.2 and he was produced before the Court and he was enlarged on bail vide order dated 17.06.2017. It is alleged that the accused demanded the bribe of Rs.20,000/- from P.W.2/informant to close the aforesaid case registered in Crime No.238/
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.
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....
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....
Demand and acceptance of bribery must be proven for conviction under the Prevention of Corruption Act, which can be established through circumstantial evidence.
Proof of demand and acceptance of bribe is essential for conviction under Sections 7 and 13 of the Prevention of Corruption Act, 1988.
When clouds of doubt arises on the part of the prosecution, the benefit of doubt is always accrued on the part of the accused alone, which is the cardinal principle of criminal justice delivery syste....
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