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2023 Supreme(AP) 221

A. V. RAVINDRA BABU
State of Andhra Pradesh – Appellant
Versus
Atmakuri Varaprasada Rao – Respondent


Advocates Appeared:
For the Petitioner: S.M. Subhani SC for ACB and SPL PP.
For the Respondent: Ghanta Sridhar.

JUDGMENT :

This is a Criminal Appeal filed by the State, being represented by the Inspector of Police, Anti-Corruption Bureau, Nellore Range, Ongole, Prakasam District, against the judgment in C.C.No.26 of 2002, dated 26.03.2007, on the file of Special Judge for SPE & ACB Cases, Nellore, whereunder the learned Special Judge, found the Accused Officer No.1 (“A.O.1” for short) therein not guilty of the charges under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and acquitted him under Section 248(1) of the Code of Criminal Procedure (“Cr.P.C.” for short).

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The case of the prosecution, in brief, before the Court below according to the charge sheet is as follows :

    (i) A.O.1 worked as Mandal Revenue Officer, Mundlamur from 31.12.2000 to 13.06.2001 and A.O.2 worked as Attender from July, 1994 to 13.06.2001 in the said office. So, they are the public servants within the meaning of Section 2 (C) of the Prevention of Corruption Act, 1988.

(ii) The husband of P.W.2 died on 29.09.2000. He was having lands to an extent of Ac.0-19 cents in S

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