T.VASUDEVA RAO Vs. STATE

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 18/3/2008, in Calender Case No.2 of 2004 on the file of the Court of Special Judge for SPE & ACB Cases, Vijayawada (for short, "the learned Special Judge") where under the learned Special Judge found the Accused Officer (AO) guilty of the charge under Sec. 13(1)(d) R/w. Sec. 13(2) of the Prevention of Corruption Act, 1989 (for short, "the PC Act") and convicted him under Sec. 248(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to suffer Simple Imprisonment for a period of one year and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for three months. The learned Special Judge acquitted the AO under Sec. 248(1) Cr.P.C. for the charge under Sec. 13(1)(c) R/w. Sec. 13(2) of the PC Act.

(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 case of the prosecution, in brief, as set out in the charge sheet filed by the State, represented by Inspector of Police, Anti Corruption Bureau, Eluru Range, Eluru, West Godavari District in Crime No.22/ACB-RCO-EWG/2002, under Sec. 13(2) R/w. Sec. 13(1)(d) and (e) of the PC Act is that the AO by name Telidevara Vasudeva Rao worked as Junior Assistant in the Office of the District Collector and Magistrate, West Godavari District from 1994 to 27/9/2002 as such he is a "Public Servant" within the meaning of Sec. 2(c) of the PC Act.