P.MOHANA RANGACHARYULU Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment dtd. 22/12/2006 passed in CC No.13 of 2002 by the learned Special Judge for SPE and ACB Cases, Vijayawada.

(2.) The accused officer was tried for the offences punishable under Ss. 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act'). By his judgment dtd. 22/12/2006, the learned Special Judge found the accused officer guilty of the offences under Ss. 7 and 13(1)(d) read with 13(2) of the Act and, accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2,500.00, in default to suffer simple imprisonment for three (3) months for the offence under Sec. 7 of the Act. He was further convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2,500.00, in default to suffer simple imprisonment for three (3) months for the offence under Sec. 13(2) read with 13(1)(d) of the Act. Both the substantive sentences were ordered to run concurrently and MO.3 (cash of Rs.2,000.00) was ordered to be returned to PW.9 and MOs.1, 2 and 4 to 7 were ordered to be destroyed after expiry of appeal period.

(3.) The sum and substance of the charges against the accused officer is that he is a public servant within the meaning of Sec. 2(c) of the Act. He was working as Supervisor in the Guntur District Cooperative Central Bank, Mangalagiri, Guntur district. Prior to 13/9/2000, he was alleged to have demanded an amount of Rs.17,700.00, at the rate of Rs.100.00 each, for 177 applications for recommending the crop loans. That on 13/9/2000 evening at his residence, he demanded an amount of Rs.2,000.00 towards bribe from PW.9 as advance and in continuation of the above demand on 16/9/2000, at the office of the Primary Agricultural Cooperative Credit Society Limited, Ippatam, further demanded and accepted an amount of Rs.2000.00 from PW.9 as gratification other than legal remuneration for doing official favour of recommending the crop loans and thereby committed an offence punishable under Sec. 7 of the Act. He was further charged for demanding and accepting an amount of Rs.2000.00 from PW.9 as gratification other than legal remuneration for doing official favour of recommending the crop loans and obtained for his pecuniary advantage of Rs.2000.00 by abusing his position as public servant, thereby committed the offence punishable under Sec. 13(1)(d) read with 13(2) of the Act.