V. LAKSHMAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment, dated 17.08.2006, passed by the learned Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, in Calendar Case No.22 of 2000, wherein and whereby, the appellant was found guilty of the charges under Sections 7 and 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'), the appellant preferred the present appeal.

(2.) Vide the aforesaid judgment, the trial Court sentenced the Accused Officer to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.2,000/- (Rupees Two thousands only) for the offence punishable under Section 7 of the Act, and in default, to undergo simple imprisonment for a period of one month. The trial Court further sentenced the Accused Officer to undergo rigorous imprisonment for a period of one year and six months and also to pay a fine of Rs.2,000/- (Rupees Two thousands only) for the offence under Section 13 (1) (d) of the Act punishable under Section 13(2) of the Act, and in default, to undergo simple imprisonment for a period of one month. Both the substantive sentences of imprisonment were ordered to run concurrently. The undergone period of the Accused Officer as under trial prisoner was given set off under Section 428 Cr.P.C. However, the default sentences were ordered to run separately.

(3.) The factual matrix of the present appeal is as follows: