JUDGMENT :

K. Surender, J.

1. The appellant is questioning the correctness of the conviction by the First Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad for the offences under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 sentencing to undergo rigorous imprisonment for a period of three years under both counts, vide judgment in C.C.No.10 of 2006 dated 03.03.2011.

2. Briefly, the case of the prosecution is that P.W.1 is the defacto complainant, who was working as Medical Officer at Primary Health Centre (PHC), Burgula village, Mahabubnagar District. At the relevant time, the appellant was the District Medical and Health Officer (DM & HO). For attending 31 gram panchayats, P.W.1 was allotted vehicle by the department which was on hire. The hire charges of the vehicle was Rs.9,000/- excluding petrol charges. The maximum limit for petrol was Rs.3,000/- per month. As there was no budget during the year 2004, the hire charges and petrol charges were not allotted from April, 2004 to December, 2004. The appellant allegedly made phone call to P.W.1 stating that budget was released for the said period and asked P.W.1 to claim the said amount