SHAIK DARBAR BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the Accused Officer (AO) in Calendar Case No.29 of 2004, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore, (for short, 'the learned Special Judge'), challenging the judgment, dtd. 26/10/2007, whereunder the learned Special Judge found the 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'), convicted him under Sec. 248(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for one month for the charge under Sec. 7 of the PC Act and further sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for one month for the charge under Sec. 13(2) R/w. Sec. 13(1)(d) of the PC Act. Both the above 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, ACB, Kadapa District, Tirupati Range, filed charge sheet in Crime No.3/RCT-TCD/2003 under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the PC Act alleging, in substance, that the AO by name Shaik Darbar Basha, Counselling Rehabilitation and Marketing Officer (CRMO), Office of the District Manager, Andhra Pradesh Vikalangula Co-operative Corporation (for short, 'the Corporation'), Kadapa demanded and accepted bribe of Rs.2,000.00 from LW.1 - Kondeti Subbaramaiah to do official favour i.e., for release of loan amount of Rs.25,000.00 to LW.4 ' Kondeti Subbamma, wife of LW.1.