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2008 Supreme(SC) 1478

ARIJIT PASAYAT, P.SATHASIVAM, AFTAB ALAM
State of A. P. – Appellant
Versus
P. Satyanarayana Murthy – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under Section 13(2) read with Section 13(1)(d)(i) of the Prevention of Corruption Act, 1988 (in short the `Act). The trial Court i.e. the Court of Principal Special Judge for SPE & ACB Cases, Hyderabad, found the accused guilty. He was convicted and sentenced to two years rigorous imprisonment under each count. Both the sentences were directed to run concurrently. He was also fined with Rs.1000/- under each count with default stipulation.

2. Background facts in a nutshell are as follows:

2.1 One Gande Vaikuntam (PW-1) was sanctioned a loan of Rs.15,000/- in the year 1986 by the A.P. Khadi & Village Industries Board, Sangareddy. But due to some unavoidable circumstances he could not avail the facility. After about three years between April and May 1989 he approached the respondent-accused officer who was the Development Officer of A.P. Khadi & Village Industries Board and requested him for revival of the lapsed loan. According to the defacto complainan






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