K. SURENDER
State, Represented by Inspector of Police, Anti-Corruption Bureau – Appellant
Versus
G. Rajendra Prasad – Respondent
JUDGMENT :
1. This Criminal Appeal is filed by the State aggrieved by the acquittal of the respondent in C.C.No.9/2001, dated 28.03.2006 on the file of Special Judge for SPE and ACB cases, Hyderabad recorded by the I Additional Sessions Judge, Nizamabad, in APTS CC.No.35 of 2001, dated 11.02.2009, acquitting the respondent/accused for the offence punishable under Section 7 and 13 (1)(d)(I)&(II) read with 13(2) of Prevention of Corruption Act, 1988.
2. The case of the prosecution is that the respondent was working as Deputy Director in the Industries Department. PW1 the defacto complainant was the owner of M/s.Maks Casting Private Limited, Uppal, R.R.Districrt. In January, 2000 pursuant to the scheme of Government of Andhra Pradesh giving incentives to Small Scale Industries, PW1 approached for the incentive certificate. The respondent issued a temporary incentive certificate and stated that permanent incentive certificate will be issued after six months. One month there after the Deputy Director (Accused Officer) visited the factory of PW1 and after inspecting company went back and called PW1 and asked him to met in his chamber. When PW1 met the Accused Officer (herein after called a
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