N. SUNKANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Judgment dated 2.7.2010 passed by the High Court of Andhra Pradesh affirming the conviction and sentence passed by the Additional Special Judge for SPE and ACB cases, City Civil Court Hyderabad, whereby the appellant-accused has been found guilty of commission of offences under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The appellant-accused has been sentenced to undergo rigorous imprisonment for one year for each of the offences and also to pay a fine of Rs.1000/- in default to suffer simple imprisonment for three months.

(3.) The case of the prosecution is that the appellant-accused was, at the relevant point of time working as Deputy Tahsildar, Civil Supplies Mandal Revenue Officer, Kurnool in the State of Andhra Pradesh. The complainant PW- 1 K. Sudhakar Reddy had a Fair Price Shop at Narsimha Reddy Nagar Kurnool. It is alleged by the complainant that the appellant accused used to collect Rs.50/- per month from each fair price shop dealer in Kurnool as monthly mamool and when he visited the shop of the complainant on 17.9.1993 he demanded Rs.300/- towards the monthly mamools from April 1993 by threatening to seize the stocks and foist a case against him. As the complainant was not willing to pay the said amount he had approached PW-7, Deputy Superintendant of Police, ACB, Kurnool and submitted Exh.P.1 complaint in writing on 18.9.1993 to him.