NIMISHAKAVI KOTILINGAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of six months and one year respectively vide judgment in CC No.36 of 2004 dtd. 28/3/2008 passed by the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. Aggrieved by the same, present Appeal is filed.

(2.) The case against the appellant is that while he was working as Senior Assistant in the office of Khammam Municipality, Khammam District, demanded an amount of Rs.2,000.00 for the purpose of mutating the name of Banoth Veerabhadra Rao, (defacto complainant, not examined during trial due to his death) in respect of his half share property by virtue of partition decree passed by the Lok Adalat. Pursuant to the said demand, an amount of Rs.700.00 was accepted as part payment on 5/2/2003 on which date, the appellant was trapped.

(3.) The complaint was filed on 3/2/2003. The said complaint was given to the Deputy Superintendent of Police and the complainant was instructed to get back on 5/2/2003, on which date, trap was arranged. Meanwhile, antecedents of complainant and appellant were enquired. On 5/2/2003, the said complaint was registered for the offence under Sec. 7 and 13(1)(d) of the Prevention of Corruption Act.