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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
State Of Karnataka, By Its Police Inspector, Anti Corruption Bureau, Mysuru – Appellant
Versus
Balaram V. M., S/o. Mariswamygowda – Respondent
JUDGMENT :
G. BASAVARAJA, J.
State by Anti-Corruption Bureau, Lokayukta, Mysuru has preferred this appeal against judgment of acquittal dated 18th August, 2020, passed in Special Case No.401 of 2018 by the III Additional District and Sessions Judge, Mysuru, (for short “the trial Court”).
2. For the sake of convenience, parties herein are referred to as per rank and status before the trial court.
3. Brief facts leading to the appeal are that, Anti-Corruption Bureau Police (for short "ACB Police") registered case in Crime No.6 of 2017 against the accused, who is the Taluk Surveyor working in KR Nagar, Mysore district for offence punishable under section 7, 13(1)(d) read with section 13(2) of Prevention of Corruption Act on the basis of complaint filed by one Nagaraju. It is stated in complaint that the first informant is the owner of land in three survey numbers situated in Kaggere Village and in November 2016, he has filed application with the Survey Office for putting boundary stones to his land, and since then though he was repeatedly visiting the office. His work was not being attended to, and on the other hand, the Survey Supervisor was telling him that the files will be taken up on
Burden of proof lies with the prosecution to establish demand and acceptance of bribe beyond reasonable doubt; mere possession of tainted money is insufficient to prove corruption under the Preventio....
Prosecution must prove demand and acceptance of bribe beyond reasonable doubt for conviction; mere acceptance of bribe is inadequate.
In assessing cases under the Prevention of Corruption Act, mere inquiries about bribe amounts do not equate to a legal demand, and evidence must be compelling to prove guilt beyond reasonable doubt.
The proof of demand of illegal gratification is essential to establish offences under the Prevention of Corruption Act. Mere recovery of tainted money is not sufficient without evidence of demand and....
The prosecution must prove the demand and acceptance of bribes beyond reasonable doubt; mere recovery of tainted money is insufficient for conviction.
The main legal point established in the judgment is the importance of reliable evidence and the need to prove the demand for bribe before establishing culpability under the Prevention of Corruption A....
The proof of demand of illegal gratification is essential to establish the offence under the Prevention of Corruption Act, and mere recovery of the amount is not sufficient to prove the charge.
The court established that in cases under the Prevention of Corruption Act, the prosecution must provide reliable evidence of demand for bribes, and the failure of the de facto complainant to support....
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