G. RADHA RANI
M. Shankar – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
This Criminal Appeal is preferred by the appellant - sole accused aggrieved by the conviction and sentence passed by the Principal Special Judge for SPE & ACB Cases, Hyderabad vide Judgment dated 06.10.2007 in CC No.33 of 2002, wherein the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of six months for the offence under Section 7 of the Prevention of Corruption Act, 1988, (for short ‘the Act’) and to pay fine of Rs.500/-, in default to pay the fine amount, to undergo simple imprisonment for one month and further sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 13(1)(d) read with Section 13(2) of the Act and to pay fine of Rs.500/-, in default of payment of fine amount to undergo simple imprisonment for one month and both the sentences were directed to run concurrently.
2. The brief facts that are necessary for disposal of the appeal are that the appellant – Accused Officer (hereinafter referred to as ‘AO’) was working as a Medical Officer at Primary Health Centre (PHC), Nizamsagar, Nizamabad District at the time of registration of the case and the complainant worked on deputation in the
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 ....
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 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....
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