MOHAMMED SUJATH ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 26.9.2001 passed in Calender Case No. 3 of 1998 on the file of the Principal Special Judge for SPE & ACB Cases, at Hyderabad, whereby and whereunder, the learned Special Judge found A-1-Mohd. Sujat Ali guilty for the offences under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and convicted him accordingly and sentenced him to suffer Rigorous Imprisonment for a period of one year and fine of Rs. 250/- in default to suffer R.I for three months for the offence under Section 7 of the P.C. Act and Rigorous Imprisonment for a period of one year and fine of Rs. 250/- in default to suffer R.I for three months for the offence under Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988. Both the substantive sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is:

(3.) On 02.8.1996, at about 11.30 a.m., Pw-1 and Lw-10 Ramulu and Pw-2 proceeded to the office of the Divisional Forest Officer, Medak and reached there by 12.15 p.m. But A-1 and A-2 were not in the office and therefore they waited till A-1 and A-2 arrived the office. A-1 and A-2 came to the office of the Divisional Forest Officer, Medak at about 6.10 P.M. Then, Pw-2 accompanied by Pw-1 entered the room of A-1. A-1 and A-2 demanded the bribe amount from him. Thereupon, Pw-2 took out the wads of currency notes from his shirt packet and handed over M.O-1 wad comprising 2 currency notes of 500 rupees denomination and 10 currency notes of 100 rupees denomination to A-1, and M.O-2 wad comprising one currency note of 500 rupees denomination and five currency notes of 100 rupees denomination to A-2. Both the accused received the currency notes. Pw-2 came out from the office and gave pre-arranged signal to the trap party. Immediately, Pw-5 along with trap party rushed to the office of the accused and introduced himself and the mediators to the accused. By the time PW-5 entered the office, the accused were counting the currency notes and were about to put the currency notes in their respective pockets. The moment Pw-5 disclosed his identity; both the accused threw away the currency notes on the table and started rubbing their fingers to the table. Pw-5 prepared sodium carbonate solution in four glass tumblers and asked A-1 to rinse his right hand finger in one glass tumbler and when he did so, it turned into dark pink colour and so also in respect of his left hand fingers. Similar test was conducted in respect of A-2 also and the test was proved to be positive. The currency notes accepted by A-1 and A-2 as bribe were verified with the currency notes mentioned in annexures to Ex.P-1 and found them to be tallying. Pw-2 seized Ex.P-2-File bearing No. 2/17/94, dated 26.7.1996 regarding the renewal of the permit of transporting teakwood, Ex.P-3 File bearing No. 2/17/94 containing letter from L.A. Pandurao, Forest Officer, Narsapur addressed to the D.F.O., Medak, and Ex.P-4-Attendance Register of the office of D.F.O, Medak for the year 1996 in the presence of the mediators. He also prepared Ex.P-5 rough sketch of the scene of offence and Ex.P-6 post-trap mediator's report. He served copies of Exs.P-5 and P-6 to the accused and obtained their acknowledgment. He arrested A-1 and A- 2 and released them on bail. He searched the houses of A-1 and A-2. Exs.P-24 and P-25 are the search lists. He did not find any incriminating material in the searches conducted by him. Pw-6 P. Prabhakar Reddy took up investigation on 5th August, 1996. He examined Pws. 1, 2 and 4 and recorded their statements under Section 161 Code of Criminal Procedure. He submitted requisition to the Sessions Judge, Medak for recording 164 Code of Criminal Procedure statement of Pw-2. The Judicial First Class Magistrate, Andole recorded the 164 Code of Criminal Procedure statement of Pw-2, which has been exhibited as Ex.P-8. After obtaining necessary sanction, he filed report before the Principal Special Judge for SPE & ACB Cases, Hyderabad.