KALUKURI LINGAIAH Vs. STATE

JUDGEMENT

(1.) This criminal appeal is filed against the judgment dated 20-2-1996 made in CC No.42 of 1992 on the file of the Special Judge for SPE and ACB Cases, Vijayawada in convicting the appellant for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d)(i) and (ii) of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, and in default, to undergo simple imprisonment for 2 months under each count. Both the sentences were directed to run concurrently.

(2.) Brief facts to the case are that the appellant herein Kalukuri Lingaiah (hereinafter referred to as 'the AO'), while functioning as ASI in Arundalpet Police Station, Guntur District, demanded a sum of Rs.1,000/- from the complainant Muchipalli Venkata Ramana Rao (PW1) as bribe on 14-9-1988 night at Arundalpet Police Station for not taking action against him on the complaint given against him by his wife Smt. M Vasantha Rumari (PW4). On 15-9-1988, the AO repeated his earlier demand at the shop of PW1 at Guntur at 10.00 AM and at the house of PW1 at Guntur at 9.30 PM. Again on 16-9-1988, the repeated the said demand at the shop of PW1 at 6.30 AM and at his house at 9.00 PM. Again on 19-9-1988 at 5.30 PM, he repeated the demand at the shop of PW1. On 21-9-1998 at about 2.30 PM, the AO demanded and accepted the bribe amount of Rs.1,000/- from PW1 at the place opposite to the Arundalpet Police Station, through Nutalapati Adinarayana, Tea-cart boy (PW5). Tims, it is alleged that the AO committed offences punishable under Sections 7, 13(2) and 13(1)(d)(ii) of the Act

(3.) In support of the prosecution case, PWs.1 to 8 were examined and Exs.Pl to P11 and MOs.1 to 7 were marked. On behalf of defence, none was examined and no documents were marked.