(126 ) ACC 292 , 2023 CriLJ4420 , 2023 (4 )Crimes76 (SC ), 2023 (4 )CriminalCC405 , 2023 INSC 844 , 2023 (4 )J.L.J.R.55 , 2023 (4 )PLJR107 , 2023 (4 )RCR(Criminal)412 , ,MANU/SC/1036/2023Bela M. Trivedi#Dipankar Datta#20SC3000Judgment/OrderAIC#AIR#Allahabad Criminal Cases#CriLJ#Crimes#CriminalCC#INSC#JLJR#MANU#PLJR#RCR (Criminal)Bela M. Trivedi,SUPREME COURT OF INDIACircumstantial Evidence#Documentary Evidence#Facts in Issue#Gratification#Illegal Gratification#Legal Remuneration#Rigorous Imprisonment2023-9-2257731,57737,16759,57746,16590,57735 -->

MANU/SC/1036/2023

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2173 of 2011

Decided On: 21.09.2023

Appellants: P. Sarangapani (Dead) through L.R. Paka Saroja Vs. Respondent: State of Andhra Pradesh

Hon'ble Judges/Coram:
Bela M. Trivedi and Dipankar Datta

JUDGMENT

Bela M. Trivedi, J.

1. The original Appellant P. Sarangapani son of Laxmaiah (Accused No. 1) having expired pending the present Appeal, his wife Paka Saroja was permitted to proceed further with the Appeal as per the order passed by the court on 31st August, 2023.

2. The instant Appeal is directed against the judgment and order dated 21st March, 2011 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No. 54 of 2005, whereby the High Court had dismissed the Appeal filed by the Appellant-Accused No. 1 and confirmed the judgment and order dated 06.01.2005 passed by the Principal Special Judge for SPE and ACB Cases-cum-IV Additional Chief Judge City Civil Court Hyderabad (hereinafter referred to as the Trial Court) in CC No. 08 of 1994. The Trial Court had convicted the Appellant Accused No. 1 P. Sarangapani for the offences Under Section 7 and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, the PC Act) and sentenced him to imprisonment for one year and pay a fine of Rs. 1,000/- in default, to suffer Simple Imprisonment for three months for the offence Under Section 7 and to suffer Rigorous Imprisonment for two years and pay a fine of Rs. 2,000/- in default, to suffer Simple Imprisonment for six months for the offence Under Section 13(1)(d) r/w 13(2) of the P.C. Act.

3. The chargesheet for the alleged offences was laid by the Investigating Officer, Deputy Superintendent of Police Shri P.L. Raju, Anti-Corruption Bureau, Warangal Range, Warangal against the Appellant Accused No. 1 P. Sarangapani and one another Accused P. Vasudev son of Mallaiah. The said Accused P. Vasudev having expired pending trial, the Appellant Accused alone was tried by the Trial Court. The defacto-complainant Sri Immadi Laxmaiah also had expired prior to commencement of the trial and therefore he could not be examined by the prosecution.

4. The case of prosecution in nutshell was that the Appellant Accused Sri Sarangapani while discharging his duty as the Sub Registrar, Cooperative Societies had demanded and accepted a sum of Rs. 1500/- as gratification other then legal remuneration from the defac........