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APPELLANT
VERSUS
THE DIST. INSPECTOR OF POLICE
AND ANR.
RESPONDENTS
JUDGMENT
AMITAVA ROY, J.
The instant appeal calls in question the judgment
and order dated 25.4.2008 rendered by the High Court of
Judicature, Andhra Pradesh at Hyderabad in Criminal
Appeal No. 262 of 2002, sustaining the conviction of the
appellant under Section 13(1)(d)(i) & (ii) read with Section
13(2) of the Prevention of Corruption Act 1988 (for short
hereinafter
referred
to
as
the
Act)
and
sentence
Page1
2.
Education,
Hyderabad
had
on
3.10.1996
Page2
charge-sheet was
On
filed
After
the
closure
of
the
evidence
of
the
same.
5.
Page3
the Act and sentenced him to undergo R.I. for one year on
each count and to pay fine of Rs. 1000/-, in default
to
suffer S.I. for three months for each offence. The sentences
of
imprisonment
were,
however,
ordered
to
run
concurrently.
6.
under Section 13(1)(d)(i) & (ii) read with Section 13(2) of the
Act was, as a corollary, sustained.
7.
under
Sections
and
13
of
the
Act
being
Page4
Learned senior
appellant to
Page5
charged,
beyond
reasonable
doubt.
In
Page6
10.
essentials
and
to
the
extent
indispensable.
Principal
of
the
Rama
Typewriting
Institute,
Page7
disinclined
demanded,
lodged
to
pay
a
the
The complainant,
illegal
complaint
gratification
with
the
as
Deputy
Page8
12.
Page9
of
10
Page10
The
The appellant, in
The
11
Page11
Page12
amounting
phenolphthalein
to
powder
Rs.
500/-
from
the
smeared
possession
with
of
the
The
evidence
of
other
witnesses
being
not
Page13
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(d) if he,(i)
(ii)
18.
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Page14
beyond
reasonable doubt
like
any
other
In
itself, would not prove the charge against the accused and
in absence of any evidence to prove payment of bribe or to
show that the accused had voluntarily accepted the money
knowing it to be bribe, conviction cannot be sustained.
20.
Page15
The proof of
16
Page16
21.
Page17
enquired
Page18
of the appellant
has been proved,
The analysis
undertaken as
19
Page19
the
20
Page20
demand
of
illegal
gratification
and,
thus,
we
are
Original
...CJI.
(H.L. DATTU)
.....J.
(V. GOPALA GOWDA)
.....J.
(AMITAVA ROY)
NEW DELHI;
SEPTEMBER 14, 2015.
21
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