Key witness altered his Statement: High Court of Andhra Pradesh Upholds Acquittal in Corruption Case Against Municipal Officer
In a significant ruling, the High Court of Andhra Pradesh upheld the acquittal of Sri Doddi Narasimha Rao, a Tap Inspector with the Municipal Corporation of Guntur, in a bribery case. The case, filed under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, revolved around allegations of Rao demanding a bribe for installing a water tap connection.
In the detailed judgment, Hon’ble Justice A.V. Ravindra Babu observed, “The prosecution failed to establish foundational facts necessary to invoke presumption of guilt under Section 20 of the Prevention of Corruption Act.” This observation was pivotal in determining the outcome of the case.
The appeal, filed by the State represented by the Inspector of Police, Anti-Corruption Bureau, Vijayawada Range, Guntur, challenged the initial acquittal verdict pronounced by the Special Judge for SPE & ACB Cases, Vijayawada. The case hinged on the testimony of a key witness, identified as PW1, who significantly altered his narrative during the trial, turning hostile and impacting the credibility of the prosecution’s case.
Justice Ravindra Babu noted, “The evidence of PW1, who turned hostile, shattered the case of the prosecution to any extent.” He further remarked on the unreliability of the witness, stating, “It is quietly evident that P.W.1 was not a reliable witness and his evidence cannot be a basis to sustain any conviction especially when he turned hostile to the case of the prosecution.”
The judgment also highlighted that the recovery of tainted money from the accused officer did not conclusively link him to the alleged demand for a bribe. The Court’s decision emphasized the importance of concrete evidence and reliable witness testimony in corruption cases.
Date of Decision: 21st November 2023
State, rep. By Inspector of Police VS Sri Doddi Narasimha Rao
