STATE OF A P Vs. P SATYANARAYANA MURTHY

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under Section 13(2) read with Section 13(1)(d)(i) of the Prevention of Corruption Act, 1988 (in short the Rs. Act). The trial Court i.e. the Court of Principal Special Judge for SPE & ACB Cases, Hyderabad, found the accused guilty. He was convicted and sentenced to two years rigorous imprisonment under each count. Both the sentences were directed to run concurrently. He was also fined with Rs. 1000/- under each count with default stipulation.

(2.) Background facts in a nutshell are as follows:

(3.) Learned Counsel for the appellant-State submitted that the High Court by a cryptic order has set aside the well reasoned judgment of the trial Court. Merely because some persons were not examined, same cannot be a ground to discard the evidence of a reliable witness. It is pointed out that the bribe money purported to have been given by Narsimha Reddi was also seized. The Investigating Officer had clearly stated the reasons for the non examination of Narsimha Reddi. It was stated that he had joined naxalites. The presumption available under Section 20 of the Act was not kept in view by the High Court. It is submitted that the High Courts conclusions are based on surmises and, therefore, the judgment of acquittal cannot be maintained.