STATE OF ANDHRA PRADESH Vs. P VENKATESHWARLU

JUDGEMENT

(1.) This appeal, by special leave, has been filed by the State of Andhra Pradesh against the judgment and order dated 10.7.2006 passed by the High Court of Andhra Pradesh at Hyderabad, whereby the High Court has set aside the conviction and sentence of the respondent herein and acquitted him allowing the criminal appeal filed by him.

(2.) The facts of the present matter before us are that the accused respondent was working as Sub Registrar in the office of Sub Registrar and Assurance, Sattypali, Khammam District. On 18.3.1995 one Sri Burra Venkateshwara Rao, complainant, approached the respondent to get a Will deed registered in the name of his wife for transfer of certain extent of land. As alleged, the accused respondent demanded a sum of Rs.1000/- for the said registration work. After some bargain the demand was reduced to Rs.500/-. Since the complainant was not willing to pay the said bribe amount, he approached the Deputy Superintendent of Police, Anti Corruption Bureau, Warrangal (P.W. 8) and lodged a complaint on 20.3.1995, who registered a case in Crime No.1/ACB-WKH/95 under Sections 7 and 11 of Prevention of Corruption Act, issued FIR and took up investigation. Thereafter, P.W.8 requested the complainant to come to Neeladri Guest House at Penuballi on 21.3.1995 with the necessary amount. Accordingly the complainant along with his friend, namely, V. Edukondalu (P.W.1), went to Neeladri Guest House at Penuballi on a motorcycle at about 1.00 P.M. and P.W.8 introduced the complainant to one V. Yugender (P.W.7) and another.

(3.) In the Court of the Principal Special Judge for SPE & ACB cases, at Hyderabad, the learned judge after considering the material facts and evidence, found the accused guilty under Sections 7 and 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act. He was awarded conviction under Sections 7 and 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year under each count and also to pay a fine of Rs.1000/- under each count, and in default, he would suffer simple imprisonment for 2 months.