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IN THE HIGH COURT OF JUDICATURE AT MADRAS
VIVEK KUMAR SINGH
State represented by The Inspector of Police – Appellant
Versus
A.Sivakumar – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
Challenging the order passed by the learned Chief Judicial Magistrate, Tiruppur and Special Court for Trial of Cases under the Prevention of Corruption Act, 1988 in Spl.C.C.No.7 of 2014 dated 12.09.2019, the present appeal has been preferred by the petitioner.
2. The short facts of the case is as follows:
2.1. There was a dispute between Subramaniam/PW3/de-facto complainant's brother-in-law and one Muthukrishnan over the sale of some property. Due to which, Subramaniam was assaulted by Muthukrishnan and his men. In regard to the same, Subramaniam gave a complaint in Avinashipalayam Police Station. To enquire about the status of the complaint given by Subramaniam, the defacto complainant met the respondent/accused, who instructed him that a case and counter case has been registered against each other in Avinashipalyam Police Station. The respondent accused instructed the defacto complainant that in order to prevent any action against Subramaniam, he demanded him to pay a sum of Rs.20,000/-.Being dissatisfied with the conduct of the respondent, the defacto complainant approached the trap laying officer and instructions thereby, he acted upon to the respon
Acquittal cannot be overturned unless trial court's conclusion is perverse; sufficient evidence must establish bribery allegations beyond reasonable doubt.
Point of Law : 9, 8 Offence under Sections 13(1)(d)(i) and (ii) is concerned as in absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position a....
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.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt in corruption cases; failure to do so results in acquittal.
The prosecution must establish the demand for and acceptance of illegal gratification beyond reasonable doubt; mere recovery of tainted money and contradictions among witnesses insufficient for convi....
The evidence in the record is sufficient to establish the charges for the offences punishable under Section 7 as well as Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Ac....
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