K. SURENDER
P. Madhava Rao – Appellant
Versus
State of A. P. , Rep. by Inspector of Police, ACB, Hyderabad Range – Respondent
JUDGMENT :
K. Surender, J.
1. The appellant was convicted for the offence under Sections 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 three years under both counts, vide judgment in C.C.No.32 of 2008 dated 11.01.2011 passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. Aggrieved by the same, present appeal is filed.
2. Briefly, the case of the prosecution is that the appellant was working as Village Secretary. P.W.1/Defacto complainant was a mason resident of Thatikole village, Devarkonda Mandal. P.W.1 and his family members owned 58 acres of joint family property. The said land was surveyed by a private surveyor and the family members partitioned the land among themselves. An application was made to the MRO for the purpose of mutating the names of PW.1 and his family members in the revenue records and to issue pattadar pass books and title deeds for the said partitioned land. The said application was filed in the month of August, 2006. The MRO having received the application informed that the application of P.W.1 would be dealt with by the Village Secretary who is the
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.
The absence of corroboration and completion of official duties by the accused led to the acquittal, emphasizing the need for clear evidence in bribery cases.
The prosecution must prove the demand for a bribe with convincing evidence, and mere recovery of the amount is not sufficient for conviction.
The burden of proof of proving the demand of illegal gratification lies with the prosecution, and if the demand is not proved, the prosecution case fails.
The necessity of proving demand and acceptance of bribes under the Prevention of Corruption Act was affirmed, with emphasis on the burden of proof resting on the accused.
Proof of demand for a bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is not sufficient.
The necessity of proving demand for a bribe beyond reasonable doubt is crucial for conviction under the Prevention of Corruption Act.
The prosecution must prove the demand and acceptance of bribe beyond reasonable doubt, and the accused's explanation must be supported by evidence.
Proof of demand for a bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of a bribe is insufficient.
The prosecution must prove all the circumstances and events linking one another by producing evidence to prove their case beyond reasonable doubt.
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