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2007 Supreme(SC) 1263

ARIJIT PASAYAT, D.K.JAIN
K. Subba Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent


judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a learned Single judge of the Andhra Pradesh High Court upholding the conviction of the appellant punishable under Section 7 of the Prevention of Corruption Act, 1988 (in short the ‘Act’). The appellant had faced trial along with another accused and for the sake of convenience he is described as A-2 hereinafter. Both the accused persons were convicted for the offence punishable under Section 7 of the Act and sentenced to undergo rigorous imprisonment of one year each and to pay a fine of Rs.1,000/- with default stipulation. They were, however, acquitted of the other charges.

3.Sans unnecessary details, the prosecution version as unfolded during trial is as follows :

A-1 worked as an Excise Sub Inspector, at Mydukur, Cuddapah District and A-2 worked as a Home Guard. PW.1 is the de facto complainant. His father by name Subba Reddy was running a wine shop at Mydukur known as “Eswara Wines” since 1987. PW.1 obtained a license to run another wine shop known as “New Eswara Wines” and was running the said wine shop. He was assisting his father in the said business. On 7.2.1988 the enfo








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