MANDULA PRABHU Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is filed by the appellants - Accused Officers No.1 and 2 aggrieved by the conviction and sentence passed by the Principal Special Judge for SPE and ACB Cases, Hyderabad vide Judgment dtd. 24/8/2007 in CC No.19 of 2002, wherein the appellants - AO1 and AO2 were found guilty for the offences under Ss. 7 and 13 (1) (d) punishable under Sec. 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') read with Sec. 201 IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000.00 in default of payment of fine amount to undergo simple imprisonment for one month each separately for both the offences under Ss. 7 and 13 (1) (d) punishable under Sec. 13 (2) of the Act and both the sentences were directed to run concurrently.

(2.) The brief facts that are necessary for disposal of the appeal are that the 1st appellant - Accused Officer No.1 (hereinafter referred to as 'AO1') worked as Sub-Inspector of Police of Banjara Hills Police Station and the 2nd appellant - Accused Officer No.2 (hereinafter referred to as 'AO2') worked as Police Constable of the same police station. AO1 demanded and accepted an amount of Rs.10,000.00 from the complainant as illegal gratification other than legal remuneration on 16/5/1999 for not ill-treating and harassing one Khaja Azeemuddin in lock-up and for not taking him to police custody and also for doing official favour in the case pending against him. AO2, who was well aware of the fact that AO1 received bribe amount during the course of trap, collected the tainted currency from Mohd. Abdul Khader, Proprietor of Mountain Bakery at Road No.2, Banjara Hills, Hyderabad and handed over the same to Sri Kaveti Srinivasu @ Srinu, Proprietor of Fair Price Shop, Old Kattal Mandi, Hyderabad as per the instructions of AO1.

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