NAGULAPATI MALLAIAH Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment dated 31.03.2005 passed by the Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad in C.C. No. 12 of 2000. The appellant/sole-accused was tried by the learned Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad for the offences under Sections 7 and 13(1)(d) r/w Sec. 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act') and was convicted for the said charges and sentenced to undergo rigorous imprisonment for a period of one year and pay fine of Rs. 1,000/-, in default to suffer simple imprisonment for three months for the offence under Section 7 of the Act and he is further sentenced to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs. 2,000/-, in default to suffer simple imprisonment for six months for the offence under Section 13(1)(d) r/w Section 13(2) of the Act.

(2.) Challenging the said order of conviction and sentence, the appellant preferred the present appeal.

(3.) The indictment against the appellant was that while he was working as Sub-Treasury Officer demanded and accepted bribe of Rs. 1,000/- from PW-1 (Kodati Rajamouli), a stamp vendor on 15.06.1999 at about 3.30 p.m. as gratification other than legal remuneration for issuing the stamps to him. To prove the aforesaid indictment, the prosecution examined before the learned Special Judge PWs. 1 to 6 and marked Exs.P-1 to P-13 and M.Os. 1 to 6. The appellant examined on his behalf DWs. 1 to 8 and marked Ex. X-1.