B.APPARAO Vs. STATE

JUDGEMENT

(1.) Challenge in the Criminal Appeal Nos.857 and 858 of 2007 is to the judgment, dtd. 21/6/2007, in Calender Case No.29 of 2001, on the file of the Court of III Additional District and Sessions Judge-cum-Special Judge for ACB Cases, Visakhapatnam (for short, 'the learned Special Judge') by the Accused Officer No.2 (AO-2) and Accused Officer No.1 (AO-1) respectively.

(2.) The parties to these Criminal Appeals 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 by the Inspector of Police, Anti-Corruption Bureau (ACB), Visakhapatnam pertaining to Crime No.7/RC- WLR/2000 of ACB, Visakhapatnam for the offences 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 Ss. 120-B and 201 of the Indian Penal Code, 1860 (for short, 'the IPC'), is that the Accused Officer No.1 (AO-1) by name M. Appalaraju worked as Deputy Commercial Tax Officer (DCTO), Suryabagh, Visakhapatnam from 16/7/1998 till he was placed under suspension on 26/7/2000 as such he is a 'Public Servant' within the meaning of Sec. 2(c) of the PC Act. Accused Officer No.2 by name B. Apparao worked as Senior Assistant in the office of Commercial Tax Officer, Suryabagh, Visakhapatnam from 14/7/1999 till he was placed under suspension on 26/7/2000 as such he is a 'Public Servant' within the meaning of Sec. 2(c) of the PC Act.