ARISHAPOGU NAGARATHNAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 31/1/2011, in Calender Case No.28 of 2006, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore (for short, 'the learned Special Judge'), where under the learned Special Judge found the Accused Officer (AO) guilty of the charges under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the Prevention of the Corruption Act, 1988 (for short, 'the PC Act') and convicted him under Sec. 248(2) Cr.P.C. After questioning him about the quantum of sentence, the learned Special Judge sentenced him to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.2,000.00 in default to undergo Simple Imprisonment for three months for the charge under Sec. 7 of the PC Act and also to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.2,000.00 in default to undergo Simple Imprisonment for three months for the charge under Sec. 13(2) R/w. Sec. 13(1)(d) of the PC Act. Both the substantive sentences shall run concurrently.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The State, represented by Inspector of Police, Anti- Corruption Bureau (ACB), Ongole, Nellore Range, filed charge sheet pertaining to Crime No.10/RCT-NPK/2005 of Ongole, Nellore Range for the offences under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the PC Act alleging, in substance, that the AO by name Arishapogu Nagarathnam @ Nagaraju worked as Office Superintendent (FAC) in the Office of Assistant Director, District Insurance Office/APGLI Office at Ongole, Prakasam District from 31/5/2005 to 19/7/2005 as such he is a 'Public Servant' within the meaning of Sec. 2(c) of the PC Act.