MIR MUSTAFA ALI HASMI Vs. STATE OF A.P.
LAWS(SC)-2024-7-42
SUPREME COURT OF INDIA
Decided on July 10,2024

Mir Mustafa Ali Hasmi Appellant
VERSUS
STATE OF A.P. Respondents


Referred Judgements :-

NEERAJ DUTTA VS. STATE (GOVT. OF N.C.T. OF DELHI) [REFERRED TO]


JUDGEMENT

MEHTA, J. - (1.)Leave granted.
(2.)This appeal by special leave filed on behalf of the appellant lays a challenge to the judgment dtd. 2/8/2022 passed by the High Court of Telangana at Hyderabad in Criminal Appeal No.1036 of 2008, whereby the appeal preferred by the appellant was dismissed and the judgement dtd. 5/8/2008 passed by the learned Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad(hereinafter being referred to as 'trial Court') was affirmed. By the said judgment, the appellant herein i.e., Accused Officer No.1(hereinafter being referred to as 'AO1') and Accused Officer No.2(hereinafter being referred to as 'AO2') were convicted and sentenced as below:-
i) Offence punishable under Sec. 7 of Prevention of Corruption Act, 1988 (hereinafter being referred to as 'PC Act'): Rigorous Imprisonment of one year and a fine of Rs.1,000.00 each (in default, simple imprisonment for three months)

ii) Offence punishable under Sec. 13(1)(d) read with 13(2) of PC Act: Rigorous Imprisonment of one year and a fine of Rs.1,000.00 each (in default, simple imprisonment for three months)

Both the sentences were ordered to run concurrently.

(3.)In appeal, the High Court overturned the conviction of AO2 and affirmed the conviction of the appellant(AO1) herein.


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