BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN, J
Ganesan (Died) – Appellant
Versus
tate, through The Inspector of Police, Vigilance and Anti Corruption, Sivagangai District. – Respondent
JUDGMENT :
This Criminal Appeal is filed against the judgment of conviction and sentence passed in Special CC No.13 of 2014, dated 28/02/2018 by the Special Court for Trial of Cases under Prevention of Corruption Act, Sivagangai.
2. The case of the prosecution in brief:-
On 22/10/2003, the accused demanded Rs.5,000/- from the de-facto complainant to prepare the bill for the Family Security Fund with regard to the deceased Ramathilagam. On 27/10/2003, the accused reiterated the demand. When the de- facto complainant disclosed his inability to give Rs.5,000/-, the accused asked him to give Rs.3,000/- on 28/10/2003 and remaining Rs.2,000/- within a week. As he was not willing to bribe, he lodged a complaint against the accused before the Inspector of Police, Vigilance & Anti- Corruption Wing, Sivagangai. Based upon that complaint, trap was laid. Case in Crime No.3 of 2003 was registered for the offence under section 7 of the Prevention of Corruption Act. The accused was arrested in the trap. After completing the formalities of the investigation, final report was filed. It was taken on file by the Special Judge for Prevention of Corruption Act, Sivagangai, in Special CC No.13 of 2014 for
The prosecution must establish demand and acceptance of bribe beyond reasonable doubt, which was upheld through credible evidence in this case.
Conviction under the Prevention of Corruption Act upheld despite witness hostility, based on credible circumstantial evidence demonstrating bribery by a public servant.
The judgment establishes that the demand and acceptance of illegal gratification under the Prevention of Corruption Act must be proved beyond reasonable doubt, and minor contradictions in evidence ma....
Acceptance of bribes and the legitimacy of prosecution evidence under the Prevention of Corruption Act were affirmed, with modifications to sentencing based on the appellant's health and age.
The court upheld the conviction for bribery under the Prevention of Corruption Act, emphasizing the burden on the accused to rebut the presumption of guilt when money is recovered.
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.
Public servants are prohibited from demanding bribes to resolve civil disputes, and evidence of demand and acceptance of bribes must be credible and established.
The prosecution must prove demand, acceptance, and recovery of bribe beyond reasonable doubt, even if the primary witness turns hostile.
The court upheld the conviction of a public servant for bribery, confirming that absence of motive for false implication supports the integrity of the prosecution's case.
The court upheld that demand and acceptance of bribes under the Prevention of Corruption Act are distinct offences, allowing for separate convictions based on the same facts.
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