N. RAMA RAO Vs. SPECIAL POLICE ESTABLISHMENT HYDERABAD

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed by the Special Judge for S.P.E. and A.C.B cases, Hyderabad in C.C. 9/1969.

(2.) The appellant accused was convicted under Sections 165, IPC and 5 (1) (d) read with 5 (2) of Prevention of Corruption Act and sentenced to pay a fine of Rs. 2,000/- and in default R.I. for one year under the first count and imprisonment till the raising of court and to pay a fine of Rs. 1,000/- and in default R.I. for six months under the second count.

(3.) The appellant worked in Bharat Heavy Electricals Ltd. Hyderabad (hereinafter referred to as BHEL) as Project Engineer on deputation from the Central Public Works Department, Government of India, from March 1962 to May, 1965. He purchased a 2 HP. pump set and accessories from M/s. Industrial and Agricultural Engineering Co. (Hydrabad) (P) Ltd hereinafter referred to as 'IAEC'.) for his personal use for Rs. 1500/- including sales tax of Rs. 101.40.P. He took delivery of the pump set as well as accessories on 21-12-1963 and 30-12-63 respectively. He did not pay the price immediately when he took delivery of them. But he paid Rs. 1000/- on 5-7-65 and the balance of Rs. 500/- on 12-4-66.