Justice J Sreenivas Rao of the Telangana High Court has set aside the 2007 conviction of government servant R Mahender in an ACB trap case and acquitted him of all charges under the Prevention of Corruption Act, 1988. The appeal was filed challenging the judgment dated April 9, 2007 of the Principal Special Judge for ACB Cases.
Mahender had been sentenced to one year’s rigorous imprisonment and fined Rs 2,000 each. During the trial, the prosecution relied on trap witnesses and invoked a statutory presumption of bribery.
The defence argued that Mahender lacked the authority to release the bill, provided evidence of incomplete work, and noted that the complainant admitted he had never met Mahender or heard any demand for money.
Justice Rao concluded that the demand for illegal gratification is essential for a conviction, and the prosecution failed to prove this beyond a reasonable doubt.