NUTHALAPATI SINGAIAH Vs. STATE OF AP

JUDGEMENT

(1.) This appeal is preferred, by the appellant, who is the accused before the lower court, aggrieved by the Judgment, dated 03.07.2008, passed in C.C.No.17 of 2005, by the Court of Special Judge for SPE & ACB Cases, Vijayawada, by virtue of which the trial court convicted the accused for the offence under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act") and sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for three months for the offence under Section 7 of the Act and further sentenced to undergo SI for one year for the offence under Section 13(1)(d) of the act r/w 13(2) of the Act and also to pay a fine of Rs.1,000/-, in default to under Simple Imprisonment for three months.

(2.) The facts of the case, as per the complaint, briefly, are as follows:

(3.) The trial court took the case on file and after complying with all the legal formalities, framed charges against the accused for the offences under Sections 7 and 13(1)(d) r/w 13(2) of the Act. The accused pleaded not guilty and claimed to be tried. During the course of trial, PWs.1 to 7 were examined and Exs.P1 to P15, and MOs.1 to 8 were marked. The accused was questioned about the incriminating circumstances appearing against him in the evidence of prosecution witnesses, when he was examined under Section 313 Cr.P.C. He denied the truth of the evidence and on his behalf, DW.1 was examined, but no documentary evidence was adduced. Ex.X1 was marked through witnesses.