I NAGESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE appellant-accused, aggrieved by the judgment dated 19-10-2004 in C.C. No.49 of 2000 on the file of the Special Judge for ACB Cases cum- III Additional District & Sessions Judge, Visakhapatnam, preferred this Criminal Appeal.

(2.) BY the said impugned judgment, the appellant-accused was found guilty and was accordingly convicted and sentenced for the offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act,1988 (for short 'the Act'). He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one month for the offence under Section 7 of the Act, and he was further sentenced to undergo simple imprisonment of one year and to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment for one month for the offence under Section 13(2) read with 13(1) (d) of the Act. Both the sentences of imprisonment were directed to run concurrently.

(3.) PW.1 with an intention of avoiding such payment of bribe, approached the ACB officials on 25-12-1994 and submitted Ex.P-1 written report before PW.4, the Dy.S.P., who after making preliminary enquiry as to the antecedents of PW.1 as well as the appellant-accused, registered a case in Crime No.20/1994 (Ex.P-9) under Sections 7, 11 and 13(2) read with 13(1)(d) of the Act.