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G. RADHA RANI
Mandula Prabhu – Appellant
Versus
State of A. P. , Rep By Spl. PP. – Respondent
JUDGMENT :
This appeal is filed by the appellants – Accused Officers No.1 and 2 aggrieved by the conviction and sentence passed by the Principal Special Judge for SPE & ACB Cases, Hyderabad vide Judgment dated 24.08.2007 in CC No.19 of 2002, wherein the appellants – AO1 and AO2 were found guilty for the offences under Sections 7 and 13 (1) (d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (for short ‘the Act’) read with Section 201 IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/- in default of payment of fine amount to undergo simple imprisonment for one month each separately for both the offences under Sections 7 and 13 (1) (d) punishable under Section 13 (2) of the Act and both the sentences were directed to run concurrently.
2. The brief facts that are necessary for disposal of the appeal are that the 1st appellant – Accused Officer No.1 (hereinafter referred to as ‘AO1’) worked as Sub-Inspector of Police of Banjara Hills Police Station and the 2nd appellant – Accused Officer No.2 (hereinafter referred to as ‘AO2’) worked as Police Constable of the same police station. AO1 demanded and accepted an amount of Rs.10,00
In cases of bribery, the prosecution must prove the demand and acceptance of the bribe beyond reasonable doubt, and corroboration is necessary to support the evidence of the complainant.
The judgment establishes that the demand and acceptance of illegal gratification must be proved beyond reasonable doubt, and the defense must substantiate its theory by the standard of preponderance ....
The prosecution must prove both the demand and acceptance of bribe beyond reasonable doubt for a conviction under the Prevention of Corruption Act.
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....
The demand and acceptance of a bribe by a public servant constitutes the essential ingredients of the offenses under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 ....
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