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G.SRI DEVI
K. Ramesh Goud – Appellant
Versus
Inspector of Police – Respondent
JUDGMENT :
1. These two appeals are being disposed of by this common judgment since Criminal Appeal No.490 of 2016 filed by Accused No.1 and Criminal Appeal No.503 of 2016 filed by Accused No.2 are directed against the very same judgment of the learned Principal Special Judge for SPE and ACB Cases-cum-IV-Additional Chief Judge, CCC, Hyderabad, in C.C.No.58 of 2007 dated 01.06.2016, whereby the appellants-A1 and A-2 were convicted of the offences punishable under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short “the Act”) and were sentenced to undergo rigorous imprisonment for six months each and to pay a fine of Rs.2,000/- each, in default, to suffer simple imprisonment for three months each for the offence punishable under Section 7 of the Act and they were also sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.2,000/- each, in default, to suffer simple imprisonment for three months each for the offence punishable under Section 13 (2) read with Section 13 (1) (d) of the Act. The sentences imposed under both the counts were directed to be run concurrently.
2. For the sake of convenience, the par
Point of law: Proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1)(d)(i)&(ii) of the Act and in absence thereof, unmistakably the charge therefore....
Point of Law : The law on the issue is well settled that demand of illegal gratification is sine qua non for constituting an offence under the 1988 Act. Mere recovery of tainted money is not sufficie....
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 main legal point established in the judgment is the requirement to prove the demand for and acceptance of illegal gratification beyond reasonable doubt. The judgment emphasized that mere recovery....
The judgment establishes that the demand, acceptance, and recovery of illegal gratification, along with the validity of the sanction order, are crucial in proving corruption under the Prevention of C....
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