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K. SURENDER
Chandragiri Yellaiah – Appellant
Versus
State ACB, Hyderabad Range Rep. by Special Public Prosecutor – Respondent
JUDGMENT :
K. SURENDER, J.
1. The appellant was convicted for the offence under Section 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of one year under both counts vide judgment in C.C. No. 26 of 2007 dated 30.04.2009 passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. Learned Special Judge found him guilty for demanding and accepting bribe of Rs. 4,000/-.
2. Briefly, the case of PW-1 is that he inherited Acs. 3.10 guntas of land at Adibatla village after the properties were shared amongst four brothers. Since partition was done, for the purpose of fixing boundaries to his property, PW-1, who is the complainant approached the MRO office on 30.08.2006 and submitted an application Ex.P2 along with challan Ex.P3. MRO/PW-5 endorsed on the said application Ex.P3 as “Surveyor, pl get it surveyed urgently.” The appellant did not give any receipt on that day but asked PW-1 to take photocopy of the application which is with the endorsement of the MRO. Appellant demanded an amount of Rs. 5,000/- for the purpose of giving notice to other pattadars and to do survey. Again PW-1 met the
The prosecution must prove the demand for a bribe with convincing evidence, and mere recovery of the amount is not sufficient for conviction.
The necessity of proving both the demand for a bribe and the complainant's legal standing in property disputes under the Prevention of Corruption Act.
Proof of demand for a bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of a bribe is insufficient.
The court established that the demand and acceptance of bribes under the Prevention of Corruption Act is a serious offense, and the burden of proof lies on the accused to disprove the allegations.
Prosecution must establish demand for a bribe before recovery of money can be deemed evidence of guilt; without proof of demand or authority to act, conviction for corruption cannot stand.
Point of law: Mere recovery of the said money from the accused officer will not entail the prosecution to claim presumption in their favour.
In bribery cases, both demand and acceptance of the bribe must be established for conviction; mere recovery of bribe without proof of demand is insufficient.
The prosecution must prove the demand and acceptance of the bribe, but once gratification is found to have been accepted, a legal presumption can be drawn that the amount was accepted as illegal grat....
The necessity of corroborative evidence in bribery cases and the principle of benefit of doubt in favor of the accused were established.
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