HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL APPEAL Nos.237 AND 246 OF 2009

COMMON JUDGMENT

Criminal Appeal No.237 of 2009 is filed by Accused Officer No.1, while Criminal Appeal No.246 of 2009 is filed by Accused Officer No.2, challenging the same judgment dated 11.02.2009 passed by Special Judge for Speedy trial of Cases of Embezzlement of Scholarship amounts in Social Welfare Department at Hyderabad (for short ‘trial Court’) in C.C.

No.1 of 2007.

2. Heard Mr. R. Rama Brahmma, learned counsel appearing on behalf of deceased Accused Officer No.1 represented by his wife - appellant No.2 and Mr. P. Ravi Shankar, learned counsel for Accused Officer No.2 and Mr. T. Bala Mohan Reddy, learned Standing Counsel for ACB.

3. Since both the appeals arise out of one and the same judgment, both the appeals were heard together and the same are being disposed of by way of this common judgment.

4. By the aforesaid judgment, the trial Court found both the appellants herein - Accused Officer Nos.1 and 2 guilty of the offences under Section - 13 (2) read with 13 (1) (d) of the Prevention of corruption Act, 1988 (for short ‘Act, 1988’) read with 34 of IPC and accordingly sentenced them to undergo simple imprisonment for one (01) year each and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) each, in default, to undergo simple imprisonment for six (06) months each for the said offence.

5. It is relevant to note that during pendency of the present appeals, the appellant in Crl.A. No.237 of 2009 - Accused Officer No.1 died on 04.10.2015 and, therefore, his wife being legal representative was brought on record vide order dated 10.07.2023 and accordingly proceeded with as per Section - 394 (2) of Cr.P.C.

6. As stated above, the deceased appellant in Crl.A. No.237 of

2009 is Accused Officer No.1, while the appellant in Crl.A. No.246 of 2009 is Accused Officer No.2. For the sake of convenience, they are hereinafter referred to as per their status/ranks in C.C. No.1 of 2007. 7. The case of the prosecution against both the Accused Officers is as under:

i) Accused Officer No.1 worked as Principal, Industrial Training Institute (ITI) (Girls), Nalgonda from 21.05.1992 to 31.05.1998, while Accused Officer No.2 worked as Senior Assistant-cum-Store Keeper in the same Institution from 01.04.1994 to 31.05.2001. Thus, they are public servants as defined under Section - 2 (c) of the Act, 1988.

ii) Accused Officer No.1 having shared common intention with Accused Officer No.2, received huge budget to a tune of Rs.22.00 lakhs under the World Bank Scheme under Plan and Non-Plan budget during the year 1997-98 to the Government ITI (G), Nalgonda. Without any formal requisition than the eligible requirement, both the Accused Officers knowingly accepted the quotations from the Firms i.e., Cosmo, Indo-links and Deccan Traders of Hyderabad. Accused Officer No.1 with the assistance of Accused Officer No.2 placed purchase orders on the aforesaid three Firms by splitting up the same within his financial power i.e., below Rs.1,000/- to get over the hurdle of getting permission from the Director, Employment & Training, Hyderabad and placed the purchase orders for huge materials more than the required without requisition of the concerned officials at exorbitant rates than the prevailing rates in the market and placed the supply orders to a tune of Rs.18,18,812/- without following the procedure in vogue in respect of purchase of materials and also accepted substandard material, and thereby both the Accused Officers abused their official position and caused wrongful loss to the Government exchequer to a tune of Rs.4,75,716/- and pecuniary advantage for themselves. Thus, both the Accused Officers committed the aforesaid offence.

8. On credible information with regard to the above irregularities committed by the Accused Officers, the Anti-Corruption Bureau (ACB) registered a case on 05.02.2001 in Crime No.3/ACB-HR/2001 for the offences under Sections - 13 (1)(d) read with 13 (2) of Act, 1988