K. SURENDER
K. Manmohan Reddy – Appellant
Versus
State of A. P. – Respondent
JUDGMENT
K. Surender, J.—The appellant is questioning the correctness of the conviction by the First Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad for the offences under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 sentencing to undergo rigorous imprisonment for a period of three years under both counts, vide judgment in C.C.No.10 of 2006 dated 03.03.2011.
2. Briefly, the case of the prosecution is that P.W.1 is the defacto complainant, who was working as Medical Officer at Primary Health Centre (PHC), Burgula village, Mahabubnagar District. At the relevant time, the appellant was the District Medical and Health Officer (DM & HO). For attending 31 gram panchayats, P.W.1 was allotted vehicle by the department which was on hire. The hire charges of the vehicle was Rs.9,000/- excluding petrol charges. The maximum limit for petrol was Rs.3,000/- per month. As there was no budget during the year 2004, the hire charges and petrol charges were not allotted from April, 2004 to December, 2004. The appellant allegedly made phone call to P.W.1 stating that budget was released for the said period and asked P.W.1 to claim the said amount su
Illegal gratification – Court must guard against cases of false implication.
The necessity of proving both demand and acceptance of bribe beyond reasonable doubt in corruption cases was emphasized.
The prosecution must prove all the circumstances and events linking one another by producing evidence to prove their case beyond reasonable doubt.
The court affirmed that evidence of demand and acceptance of bribe, corroborated by positive test results, is sufficient for conviction under the Prevention of Corruption Act.
Point of Law : When amount was recovered from the table drawer and once demand is not proved, which is sine qua non proof, an offence under Section 7 of the Act is not proved, the prosecution fails.
The prosecution must prove both the demand and acceptance of a bribe; mere recovery of money is insufficient for conviction without evidence of demand.
Proof of demand for a bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is not sufficient.
Proof of demand for a bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is not sufficient.
The necessity of proving both the demand for a bribe and the execution of works is essential for a conviction under the Prevention of Corruption Act.
The court emphasized the necessity for credible evidence to support bribery allegations, extending the benefit of doubt to the accused due to significant inconsistencies in the prosecution's case.
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