STATE Vs. K NARASIMHACHARY

JUDGEMENT

(1.) The State is in appeal before us from a judgment of the Andhra Pradesh High Court dated 20-03-2003 in Criminal Appeal No.1058 of 1996, recording a finding of acquittal as against the Respondent, upon reversing a judgment passed by the Special Judge for SPE and ACB Cases, Nellore, dated 06-12-1996 convicting the Respondent herein for commission of offences punishable under Sections 7, 11, 13(3) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, the Act) and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-.

(2.) The Respondent herein was a Mandal Revenue Inspector in the office of Mandal Revenue Office, Cuddapah in the year 1994. The complainant (PW-1) was the owner of some immovable property situated within the jurisdiction of the said Mandal Office. He intended to get himself registered as a contractor with the Public Works Department wherefor a certificate as regard valuation of his property was necessary. An application to that effect was filed before the Mandal Revenue Officer (PW-3) on 01-03-1994. The Mandal Revenue Officer adopted a peculiar procedure by putting his initial thereon and handed over the same to PW-1 himself and asked him to give it to the accused. When PW1 handed over application to the accused on the same day, he is said to have asked him to present the same before the Village Administrative Officer (PW-4) and to bring cultivation accounts relating to his lands and certain statements. PW-4 thereafter recorded the statements of PW-1 and his grandmother. He granted his own (VAOs) Statement, statement of PW-1, his grandmother and village elders as also certified copies of Adangals, extracts (revenue records) marked as Exs.P-2 to P-6 to the said PW-1. PW-1 allegedly handed over the same to the Respondent on 02-03-1994. The Respondent is said to have demanded a sum of Rs.1,000/- for issuance of the property valuation certificate. He on the next day i.e. on 03-03-1994 met the Respondent at the office of PW-3 and upon negotiation, the amount of alleged illegal gratification was reduced to Rs. 600/- from Rs.1000/-. A complaint was made to the ACB on 05-03-1994 at 6.35 A.M. A trap was laid at 12.30 P.M. on the same day upon complying with the usual formalities. A sum of Rs.600/- in the denomination of Rs.50/- is said to have been recovered from the Respondent allegedly kept by him in his right pocket of the trouser.

(3.) The defence of the Respondent was that certificate valuing the complainants land for a sum of Rs. one lac was submitted on 04-03-1993 itself whereas PW-1 wanted that the valuation of the lands should be made three lacs; and as the Respondent did not oblige, PW-1 bore grudge against him as a result he was falsely implicated.