SHAIK RAHAMAN Vs. STATE OF ABC

JUDGEMENT

(1.) Criminal Appeal No.1077 of 2007 is preferred by the appellant/Accused No. 2, challenging the judgment dtd. 26/7/2007 in C.C. No.12 of 2004 on the file of the learned Special Judge for SPE and ACB Cases at Vijayawada.The appellant was convicted for the offence under Sec. 12 of the Prevention of Corruption Act, 1988 (for short, "the Act") and sentenced to undergo simple imprisonment for one (1) year and to pay a fine of Rs.1,000.00 (Rupees One Thousand only), in default of payment of fine, to undergo simple imprisonment for three (3) months.

(2.) Criminal Appeal No.1463 of 2007 is preferred by the State challenging the above judgment rendered by the learned Special Court, whereby the respondent/Accused No. 1 was found not guilty of the offences under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Act.

(3.) The case of the prosecution is that the complainant (LW1) was the owner of a rice mill at Jaggaiahpet. He leased out the godown of the rice mill to the Andhra Pradesh State Housing Corporation Limited, Vijayawada, on a monthly rent of Rs.3,000.00. He later intimated the officials that he had alienated the godown in favour of S.Jayarama Chandra Murthy (PW2).Therefore, he requested the officials to vacate the godown and hand over possession to PW2 by July, 2002. However, the premises were not vacated as requested.