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2024 Supreme(Telangana) 145

K. SURENDER
M. Srikanth Reddy – Appellant
Versus
State of A. P. rep. by Inspector of Police, ACB, Nizamabad Range – Respondent


Advocates Appeared:
For the Appellant : Sri Sudhakar Reddy Maddula rep. by Sri Pradyumna Kumar Reddy, Senior Counsel
For the Respondent: Sri. Sridhar Chikyala Special Public Prosecutor.

JUDGMENT:

K. Surender, J.

1. The appellant aggrieved by the conviction recorded by the II Additional Special Judge for SPE & ACB Cases, City Civil Court at Hyderabad for the offences under Sections 7 and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short “the Act of 1988”) and sentenced to undergo rigorous imprisonment for a period of one year under both counts, vide judgment in CC No.24 of 2019 dated 15.03.2013, the present appeal is filed.

2. Briefly, the case of the prosecution is that the appellant/A1 and A2 (since A2 died during the pendency of appeal, the case against A2 was dismissed as abated) were working as Civil Assistant Surgeons in the District Head Quarters Hospital, Nizamabad. P.Ws.2 and 3 went to Government Hospital, Nizamabad for operation of tonsillitis of P.W.2. It is alleged that A1 and A2 demanded Rs.2,000/- for performing operation in the hospital and if the operation has to be performed outside the Government Hospital, they have to give Rs.4,000/-. Since P.Ws.2 and 3 did not have the amount, they returned home. On 06.09.2003, P.W.1/defacto complainant accompanied P.Ws.2 and 3 and met A2. Then, the A1 was also present at that time.

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