A. V. RAVINDRA BABU
B. Nagaraju, S/o. B. Bapanna – Appellant
Versus
State of AP – Respondent
JUDGMENT :
This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’), is filed by the appellant, who was the Accused Officer (AO) in Calendar Case No.24 of 2002, dated 09.07.2007, on the file of the Court of Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad, (for short, ‘the learned Special Judge’), where under the learned Special Judge found the AO guilty of the charges under Sections 7 and 13(1)(d) R/w. Section 13(2) of the Prevention of the Corruption Act, 1988 (for short, ‘the PC Act’), accordingly convicted him under Section 248(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/- in default to suffer Simple Imprisonment for three months for the charge under Section 7 of the PC Act and further sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.500/- in default to undergo Simple Imprisonment for three months for the charge under Section 13(1)(d) R/w.13(2) of the PC Act. Both the above sentences shall run concurrently.
2. The parties to this Criminal Appeal
The demand and acceptance of a bribe by a public servant constitutes the essential ingredients of the offenses under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 ....
Demand and acceptance of bribe by a public servant is a criminal misconduct within the meaning of Section 13(1)(d) R/w. Section 13(2) of the PC Act.
The prosecution can prove a valid sanction either by producing the original sanction, which contains the facts constituting the offence and the grounds of satisfaction or by adducing evidence alinude....
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