R. KESAVALU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused Officer No.1 (hereinafter referred to, as "AO.1"), in Calendar Case No.16 of 2003 on the file of the Special Judge for SPE & ACB Cases, Nellore (for short "the Special Judge"), filed this appeal challenging the Judgment dtd. 29/9/2007, whereunder and whereby he was convicted of the offences punishable under Ss. 7 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for brevity "the PC Act, 1988") and sentenced him to undergo rigorous imprisonment for a period of one (01) year and to pay a fine of Rs.3,000.00 (Rupees three thousand only), in default, to suffer simple imprisonment for a period of three (03) months for the offence punishable under Sec. 7 of the PC Act, 1988 and also to undergo rigorous imprisonment for a period of one (01) year and to pay a fine of Rs.3,000.00 (Rupees three thousand only), in default, to suffer simple imprisonment for a period of three (03) months for the offence punishable under Sec. 13 (2) read with Sec. 13 (1) (d) of the PC Act, 1988. Both the sentences of imprisonment were directed to run concurrently. It is further directed that MO3 i.e. cash of Rs.6,000.00, be returned to P.W1-Yerramreddy Penchal Reddy, and MOs.1, 2 and 4 to 8 be destroyed. The learned Special Judge acquitted the accused No.2 (hereinafter referred to, as "A2") of the charge under Sec. 7 of the PC Act, 1988 read with 109 IPC in terms of Sec. 248 (1) of the Code of Criminal Procedure, 1973 (for brevity "CrPC").

(2.) Case of the prosecution, in brief, is that the AO.1 is working as Divisional Engineer, Operations in Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL), Rajampet Division, Kadapa District; that the A2 is the Contract Labour in the office of the Divisional Engineer Operations, APSPDCL.

(3.) The learned Special Judge took cognizance of the offences under Ss. 7 and 13 (2) read with 13 (1) (d) of the PC Act, 1988 against the appellant/AO.1 and Sec. 7 of the PC Act, 1988 read with Sec. 109 of the Indian Penal Code, 1860 (for brevity "IPC") against A2. After furnishing copies of documents, charges for the aforesaid offences were framed against the appellant/AO.1 and A2, and read over and explained to them in Telugu, they pleaded not guilty and claimed to be tried.