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2020 Supreme(AP) 854

C. PRAVEEN KUMAR
R. Jagadeswara Reddy – Appellant
Versus
State of A. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.B. THIMMA REDDY
For the Respondent: S.M. SUBHANI

JUDGMENT :

1. Assailing the conviction and sentence in C.C.No.9 of 2003, dated 15.11.2007, by the Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad, wherein the appellant was convicted under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.2,000/-under each count, the present appeal is filed under Section 374 Cr.P.C.

2. The substance of the charge against the accused officer is that, while he was working as Prohibition & Excise Inspector, Penukonda, demanded and accepted a sum of Rs.5,000/-from Chintala Jayachandra on 27.4.2002, as illegal gratification, other than legal remuneration, for doing a favour of not booking any case and conduct raids on his shop.

3. The facts in issue are as under :

Since the principal witness i.e., P.W.1 did not support the prosecution case, certain facts, as mentioned in the charge-sheet, are required to be mentioned for understanding the prosecution case. P.W.1 was working as a salesman at Yaswanth Wines, Somandepalli, Penukonda, Anantapur District. The licence for the said wine shop was in the name of on

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