MALOTH KAVITHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Special Sessions Judge for Trial of Criminal Cases relating to elected M.Ps. and M.L.As. of the State of Telangana, Hyderabad, in C.C.No.22 of 2021, dtd. 24/7/2021, whereby the appellant/A-2 was found guilty of the offences punishable under Sec. 171-E read with Sec. 171-B of I.P.C. and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.10,000.00, in default, to suffer simple imprisonment for one month. However, the appellant/A2 was acquitted for the offence punishable under Sec. 188 of I.P.C.

(2.) The case of the prosecution, in brief, is that P.W.1 was appointed as in charge of Flying Squad during Parliamentary Elections of 2019 for Mahaboobabad Parliamentary Constituency. P.W.2 and one N.Srinivasa Rao (L.W.3), who are the police constables of Burgampahad Police Station, were the members in Flying Squad along with P.W.1. On 10/4/2019 at about 6.00 P.M., on receipt of credible information, P.Ws.1 and 2 and L.W.3 went near Ration Shop in S.C. Colony, Burgampahad and found A-1 distributing money to voters. P.W.1 secured the presence of P.W.3 and one Podem Vara Laxmi (L.W.5), who are the Village Revenue Officers of Burgampahad, conducted Ex.P1-panchanama and seized cash of Rs.9,400.00 (M.O.1) by mentioning the currency note numbers. A-1 stated before P.W.1 and the panch witnesses that he was distributing money to voters on the directions of A-2, who was contesting as Member of Parliament from Mahaboobabad Parliamentary constituency. P.W.1 went to the Police Station, Bhurgampahad, on the same day i.e., on 10/4/2019 at 8.00 P.M., lodged Ex.P2 report and handed over Ex.P1-panchanama and cash and also produced A-1 before P.W.4-Sub Inspector of Police, who registered a case in Crime No.90 of 2019 against the appellant/A-2 and A-1 for the offences under Ss. 188, 171-B and 171-E of I.P.C., examined and recorded the statements of P.Ws.1 and 2 and L.W.3. P.W.5-Sub Inspector of Police, Bhurgampahad, proceeded to the scene of offence on 11/4/2019, observed the scene of offence and prepared Crime Details Form (Ex.P3) in the presence of P.W.3 and another. After completing investigation, P.W.5 filed charge sheet, which was taken cognizance as C.C.No.22 of 2021.

(3.) On appearance of both the accused, charges under Ss. 188 and 171-E read with Sec. 171-B of I.P.C., were framed against the accused, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.