COMMON JUDGMENT:

Since all these appeals arise out of the same judgment dated

21.12.2006 passed in C.C.No.4 of 2005 on the file of the learned Special Judge under the Prevention of Corruption Act for speedy trial of cases of Embezzlement of Scholarship Amounts in Social Welfare Department, etc., Hyderabad, they are being disposed of, by this common judgment.

2. Appellant in Criminal Appeal No.12 of 2007 is A.O.1; Appellant in Criminal Appeal No.15 of 2007 is A.O.3; Appellant in Criminal Appeal No.19 of 2007 is A.O.2; Appellant in Criminal Appeal No.1741 of 2006 is A.O.4, and Appellant in Criminal Appeal No.1750 of 2007 is A.O.5, in the aforesaid Calendar Case. For sake of convenience, the parties are hereinafter referred to, as per their array in the Calendar Case.

3. By the impugned judgment dated 21.12.2006, the learned Special Judge found A.Os.1 to 4 guilty of the offence under Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short, „the Act, 1988‟) punishable under Section 13 (2) of the Act, 1988, accordingly convicted them and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for one month each. A.O.5 is found not guilty of the offence under Section 13(1)(d) punishable under Section 13(2) of the Act, however, he was found guilty of the offence punishable under Section 168 IPC, accordingly convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of 15 days.

4. Case of the prosecution is that A.O.1 worked as Principal from 07.06.1997 to 05.10.1997; A.O.2 worked as Principal from 06.10.1997 to 14.12.1997; A.O.3 worked as Principal from 15.12.1997 to 30.06.1998 and A.O.4 worked as Senior Assistant-cum-Store Keeper from 07.06.1997 to 30.06.1998, in Government ITI for Girls, Chittedu, Nellore district. A.O.5 worked as Deputy Training Officer in Government ITI, Mannanoor, Mahaboobnagar from 1993 to 27.10.2003. All the accused come within the category of „public servant‟ as defined under Section 2(c) of the Act.

The Government of Andhra Pradesh started improvement and modernization of vocational training programme with the assistance of World Bank in the year 1988 and the same was extended up to 31.12.1997. The Director of Employment and Training, Andhra Pradesh sent proposals to the Government through his letter dated 28.05.1997 to release additional funds of Rs.1,436.32 lakhs immediately for the year 1997-98 for implementation of World Bank Scheme. The Government accorded sanction to release additional funds over and above the budget provisions during the year 1997-98 for an amount of Rs.1,436.32 lakhs vide G.O.Rt.No.1961, Labour, Employment, Training and Factories (Employment) Department, dated 01.07.1997. Out of the said amount, an amount of Rs.1,020.94 lakhs was provided under the Head 190/191 (Machinery and Equipments) and an amount of Rs.65.20 lakhs was provided under the Head 240 (Materials and Supplies). The Director of Employment and Training, Hyderabad allotted the budget to 71 ITIs all over the State on

11.07.1997.

A.Os.1 to 3 as Principals of the said ITI during the relevant period mentioned above, were the Drawing and Disbursing Officer for the purpose of drawing money from the Treasury and A.O.4 as Store Keeper of the said ITI was assisting A.Os.1 to 3 in purchasing the materials for the stores of the ITI by way of preparing comparative statements and purchase orders. A.O.5 established two firms by name M/s. Vertex Tools and Equipments and M/s.Polygon Tools and Equipments in Mahaboobnagar in the name of his daughter Kum.Priyadarsini and in the name of Cheviku Parshavedi, with an intention to get purchase orders from various ITIs in the State, including the aforesaid ITI.

It is alleged that A.Os.1 to 4, having shared common intention with A.O.5, purchased most of the materials from the aforesaid two fi