Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SURENDER, J
M.Janardhan Reddy – Appellant
Versus
State of A.P, Rep. by its Inspector of Police, ACB – Respondent
JUDGMENT :
K.Surender, J
1. The appellant/accused was convicted under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the Act’) and sentenced to undergo rigorous imprisonment for a period of one year under both counts vide judgment in C.C.No.4 of 2010, dated 31.03.2011 passed by the II Additional Special Judge for SPE & ACB Cases, Hyderabad. Aggrieved by the same, present appeal is filed.
2. During the pendency of the appeal, the appellant died. By order dated 04.04.2024 in I.A.No.2 of 2023, this Court permitted the legal heirs of the appellant to come on record.
3. Briefly, the case of the prosecution is that P.W.1 is a contractor with the R&B department, who completed four works during 2002-03 and submitted bills for the works. (1.) SR for Gajwel to Dhoulthabad road 21/2 to 22/5 km; (2.) SR for Vargal to Gajwel road 1/10 to 13/4 km; (3.) SR for Gajwel to Chegunta Road 19/0 to 21/0 km; and (4.) SR for SNT GJ Road 74/0 to 75/5 km, during 2002- 2003, to the Executive Engineer at R&B Siddipet (AO) for forwarding them to the Assistant Pay Accounts Officer (APAO) in Medak.
4. Upon receiving the bills, the appellant demanded 2% bribe on each b
The prosecution must prove its case beyond reasonable doubt; if the accused proves his defence by preponderance of probability, the charge may not stand.
The prosecution must prove both the demand and acceptance of a bribe; mere recovery of money is insufficient for conviction without evidence of demand.
The necessity of proving demand for a bribe beyond reasonable doubt is crucial for conviction under the Prevention of Corruption Act.
Point of Law : When amount was recovered from the table drawer and once demand is not proved, which is sine qua non proof, an offence under Section 7 of the Act is not proved, the prosecution fails.
The necessity of proving a clear demand for a bribe is essential for a conviction under the Prevention of Corruption Act.
The prosecution must prove the existence of a pending application for work to establish a bribery charge; failure to do so results in acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
