KONA PITCHAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant - Accused Officer challenging the judgment, dated 12.07.2006, passed by the learned Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, in Calendar Case No.4 of 1995, wherein he was convicted for the offences under Sections 7 and 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988.

(2.) Vide the aforesaid judgment, the Accused Officer was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.200/- (Rupees two hundred only) and in default to undergo simple imprisonment for a period of one (01) month for the offence under Section 7 of the Prevention of Corruption Act, 1988 and so also for the offence under Section 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988. The trial Court ordered to run both the sentences of imprisonment concurrently after giving set off for the remand period.

(3.) The case of the prosecution is that the de facto complainant - Mohd. Yousufuddin, an unemployed youth, applied for loan of Rs.6,000/- on 30.07.1993 to start cloth business under Ex.P1 with Society for Training and Employment Promotion, Khammam, (hereinafter referred to as SETKHAM ). The Accused Officer was Junior Assistant in the said office. According to the prosecution, PW.1 approached the Accused Officer, who is concerned person to process the said application, for which he has demanded an amount of Rs.200/- as illegal gratification from PW.1.