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2004 Supreme(SC) 403

DORAISWAMY RAJU, ARIJIT PASAYAT
State of A. P. – Appellant
Versus
C. Uma Maheshwara Rao – Respondent


JUDGMENT

Arijit Pasayat, J.-State of Andhra Pradesh questions legality of the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court directing acquittal of the respondents who were accused Nos. 1 and 2 respectively before the Trial Court i.e. Special Judge, CBI, Visakhapatnam. The respondents faced trial for alleged commission of offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (in short the Act ). The Trial Court found each to be guilty and sentenced to undergo two years RI and to pay a fine of Rs. 1000/- with default stipulation. They were also convicted under Section 120B of the Indian Penal Code, 1860 (for short the IPC ), sentenced to similar custodial punishment and to pay a fine of Rs. 2000/-. But in appeal the conviction and sentence were set aside.

2. Factual position as highlighted by the prosecution is as follows :

C. Uma Maheswara Rao (A-1) was working as Deputy Secretary of Visakhapatnam Port Trust and D. Satyananda Reddy (A-2) was working as Depuy Financial Adviser and Chief Accounts Officer of Visakhapatnam Port Trust G. Subrahmanyam (PW-1) was the General Power of Attorney holder of M/s Ramesh Chandra & Compa





































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