M.BALARAM Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment in C.C.No.10 of 1995 dated 30.06.2005 passed by the Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The first appellant-A.1 is the father of the second appellant-A.2. The first appellant was a Senior Checking Inspector in the Civil Supplies Department at the relevant time. PW.1 was a fair price shop dealer. The indictment was that A.1 demanded PW.1 an amount of Rs.300/- for doing official favour, received the same and was caught by the DSP, ACB and his team when a trap was laid against him. A case under Sections 7, 11, 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (for short 'the Act') against A.1 and under Section 12 of the Act against A.2 was filed. On being tried for the aforesaid offences, A.1 was convicted for the offences under Sections 7 and 13(1)(d) of the Act. He was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-, and further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, respectively for the said offences.

(3.) Whereas A.2 was convicted for an offence under Section 12 of the Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-. The substantive sentences were directed to run concurrently. Challenging the said order of conviction and sentence, the appellants-A.1 and A.2 preferred the present Criminal Appeal.