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2023 Supreme(Online)(AP) 32485

ANDHRA PRADESH HIGH COURT
S. R. Krishna Kumar, J
State – Appellant
Versus
Nimmakayala Vijaya alias Vijaya Kumar – Respondent
Criminal Appeal | C.C. No.7 of 2003



Advocates:
For the Appellants/Petitioners: S.M. Subhani
For the Respondents: A. Hari Prasad Reddy

The court established that the accused, a public servant, demanded and accepted bribes, violating provisions of the Prevention of Corruption Act, thus overturning the trial court's acquittal based on insufficiency of evidence.

Headnote:(A) Prevention of Corruption Act, 1988 - Sections 7 and 13(2) R/w. 13(1)(d) - Acquittal of accused under the aforementioned sections by trial court - State filed appeal questioning acquittal - Prosecution established the accused as a public servant who demanded a bribe for conducting a survey - Trial court erred in its assessment by finding the evidence insufficient - Court of Appeal finds that prosecution proved its case and correct application of the presumption of corruption under Section 20 of the PC Act. (Paras 1, 8, 56)

(B) Acquittal - Standard of proof in appeals against acquittal - Appellate courts should only disturb findings if there are compelling reasons - Court of Appeal finds compelling evidence of corruption. (Paras 16, 57)

(C) Evidentiary Standards - Requirement of challan in survey applications - Absence of a challan did not invalidate the accused’s demand for bribe nor did it mitigate the obligation to conduct the survey. (Paras 26, 56)

Table of Content
1. details of the case and charges against ao. (Para 1 , 2 , 3)
2. overview of procedural compliance. (Para 4 , 5)
3. prosecution evidence and acquittal history. (Para 6 , 7 , 8)
4. points for consideration in appeal. (Para 9 , 10)
5. legal status of public servant and prosecution sanction. (Para 11 , 12 , 13)
6. court's assessment of evidence. (Para 14 , 15 , 16)
7. examination of key witness and evidence. (Para 17 , 18 , 19)
8. additional evidentiary support from other witnesses. (Para 20 , 21 , 22)
9. discussion on procedural requirements and witness credibility. (Para 23 , 24 , 25)
10. clarification of application validity and evidence. (Para 26 , 27 , 28 , 29)
11. comments on evidence consistency and analysis. (Para 30 , 31 , 32)
12. discussion of trial court's findings. (Para 33 , 34 , 35)
13. exploration of charge prosecution and evidence of bribery. (Para 36 , 37 , 38)
14. assessment of post-trap evidence. (Para 39 , 40 , 41)
15. validation of procedural evidence. (Para 42 , 43 , 44)
16. defending argument and its implications. (Para 45 , 46 , 47)
17. summary of issues in evidence. (Para 48 , 49)
18. statements of credibility and defendant's position. (Para 50 , 51)
19. emphasis on burden of proof. (Para 52 , 53)
20. conclusion on established charges. (Para 54 , 55)
21. final conviction ruling and its implications. (Para 56 , 57)
22. order for implementation and future steps. (Para 58 , 59)

1. This Criminal Appeal, under S.378(1) and (3) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the State, being represented by Inspector of Police, Anti Corruption Bureau (ACB), Nellore Range, Nellore through the Standing Counsel for ACB and Special Public prosecutor questioning the judgment in Calendar Case No.7 of 2003, dated 26.02.2007, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore (for short, 'the Special Judge'), where under the learned Special Judge found the Accused Officer (AO) not guilty of the charges under S.7 and S.13(2) R/w. 13(1)(d) of the Prevention of the Corruption Act, 1988 (for short, 'the PC Act') and accordingly acquitted him under S.248(1) Cr.P.C.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

3. The case of the prosecution, in brief, in C.C. No.7 of 2003 pertaining to Crime No.12 / ACB - NLR / 2002 of ACB Nellore Range, Nellore on the file of the Court of Special Judge is as follows:
The Accused Officer, Nimmakayala Vijaya alias Vijaya Kumar, worked as Deputy Surveyor in the Office of Mandal Revenue Officer (MRO), Dagadarthi Mandal, Nellore District from 15.12.2000 to 16.09.2002 as such he is a public servant within the meaning of S.2(c) of the PC Act. LW.1 - Gorantla Veeraiah Chowdary is a resident of Bitragunta Village, Bogolu Mandal, Nellore District. The said LW.1 has an extent of Ac.13.0½ cents of dry land in Survey No.1-1, Ac.0.50 cents of dry land in Survey No.1-2 and Ac.3.16 cents of land in Survey No.19-1, totally an extent of Ac.16-66½ cents and his brother G. Butchi Naidu has also an extent of Ac.16-66½ cents in the above said survey numbers. They purchased the same from one Kakuturu Bhakthavatsala Reddy and Pundla Venkata Sivamma of Allur. They got registered the same in their favour. They obtained pattadar pass books from MRO, Dagadarthi. LW.1 - G. Veeraiah Chowdary sold an extent of Ac.5.30 cents of land in Survey No.1/1 to his brother Butchaiah Naidu. So, he, with an intention to get survey his land, submitted a representation to MRO, Dagadarthi (LW.7) on 01.09.2001 with a request to survey the land of him and his brother and to fix the boundaries. LW.7 - MRO, Dagadarthi endorsed the representation of the de facto complainant to the AO, who is Deputy Surveyor, with instructions to attend the work. LW.4 - Smt. Kamineni Annapurnamma and Nethi Lakshmi have also lands in the above said survey numbers. K. Annapurnamma also approached the then MRO, Dagadarthi and


































































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