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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Bollu Srinivasa Rao – Appellant
Versus
State of Telangana, By Inspector of Police, Rep., by its Spl. Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. detailed factual background of the bribery case (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions of both parties regarding the evidence (Para 6 , 7 , 8) |
| 3. court's analysis and evaluation of evidence presented (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final judgment reversing the trial court's decision (Para 16) |
JUDGMENT :
K.SUJANA, J.
This appeal is filed by the appellant aggrieved by the judgment dated 17.08.2022 passed in C.C.No.65 of 2015 by the Special Judge under the Prevention of Corruption Act for the Speedy Trial of Cases of Embezzlement of Scholarship Amounts in Social Welfare Department Etc., Nampally at Hyderabad. By the said judgment the appellant herein was convicted and sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs.5000/- in default of payment of fine to undergo Simple Imprisonment for a period of three months for the offence under Section 7 of the Prevention of Corruption Act (for short ‘P.C.Act’) and further sentenced to undergo Rigorous imprisonment for a period of two years and to pay fine of Rs.5000/- in default of payment of fine to undergo S.I. for three months for the offence under Section 13(1)(d) r/w.13(2)
The prosecution must prove the complainant's standing to lodge a corruption complaint, failing which the bribery allegation cannot be substantiated.
The court upheld the conviction of a public servant for bribery, confirming that absence of motive for false implication supports the integrity of the prosecution's case.
The main legal point established in the judgment is the requirement for the prosecution to prove the official favor pending with the accused and the demand for bribe beyond reasonable doubt.
Burden of proof lies with the prosecution to establish demand and acceptance of bribe beyond reasonable doubt; mere possession of tainted money is insufficient to prove corruption under the Preventio....
The prosecution must prove demand and acceptance of bribe, handling of tainted money, and that the work was pending with the accused beyond reasonable doubt to sustain a conviction under the Preventi....
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 prosecution must prove the demand and acceptance of bribes beyond reasonable doubt; mere recovery of tainted money is insufficient for conviction.
The central legal point established in the judgment is the requirement for foundational facts to prove demand and acceptance of bribe, and the benefit of presumption under Sec. 20 of the P.C. Act.
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