SANKULA CHANDRA SEKER Vs. STATE OF A. P.

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 25/6/2007, in Calender Case No.24 of 2004, on the file of the Court of Special Judge for SPE and ACB Cases, Vijayawada (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(1)(d) R/w.13(2) of the Prevention of the Corruption Act, 1988 (for short, the PC Act"), convicted him under Sec. 248(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C") and after questioning him about the quantum of sentence, sentenced him to undergo 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 for the charge under Sec. 7 of the PC Act and also to undergo Simple Imprisonment for a period of one year and to pay a fine of Rs.2,000.00 in default to suffer Simple Imprisonment for six months for the offence under Sec. 13(1)(d) R/w.13(2) 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 case of the prosecution, in brief, as set out in the charge sheet filed by the State, represented by Range Inspector-III, Anti- Corruption Bureau (ACB), Vijayawada Range, Vijayawada pertaining to Crime No.27/RCT-ACB-VJA/2003 of ACB, Vijayawada Range for the offences under Ss. 7 and 13(2) R/w.13(1)(d) of the PC Act, is that the AO by name Sankula Chandra Sekhar worked as Sanitary and Food Inspector, Municipal Office, Machilipatnam, Krishna District from 1/6/1997 to 17/7/2003 as such he is a Public Servant" within the meaning of Sec. 2(c) of the PC Act. The offence took place in the residential house of AO, which is situated at Door No.21-543- 9-2A, Vijaya College Road, Paraspeta, Machilipatnam, Krishna District.