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2013 Supreme(SC) 322

K.S.RADHAKRISHNAN, DIPAK MISRA
Syed Yousuf Hussain – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

Dipak Misra, J.

Leave granted.

2. The present Appeal by Special Leave is directed against the judgment of conviction and order of sentence dated 29.12.2012 in Criminal Appeal No. 466 of 2005 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad whereby the Division Bench, while maintaining the conviction for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for brevity “the Act”) read with Section 34, I.P.C. since the accused-appellant was convicted along with another accused, namely, Mohd. Shafi-Ul-Haq, recorded by the Principal Special Judge for S.P.E. and A.C.B. Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, in C.C. No. 11 of 1995, reduced the sentence to that of simple imprisonment for six months for the offence punishable under Section 7 and to one year under Section 13(1)(d) read with Section 13(2) of the Act instead of one year and two years respectively as imposed by the learned Special Judge with the further stipulation that both the sentences shall be concurrent.

3. The facts in a nutshell are that on 4.1.1994, PW-2, Mohd. Shareef, a driver in the Cuddapah Transp



























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