CHALASANI JAGADEESHWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), has been preferred by the sole appellant against the judgment of his conviction and sentence, dated 05.02.2007, passed by learned Special Judge for SPE and ACB Cases, Nellore (hereinafter referred to as the 'learned trial Judge') in C.C. No.9 of 2001 (arising out of Crime No.5/ACB-NPK/2000 of ACB, Nellore Range, Prakasam District).

(2.) The appellant, who may hereinafter be referred as AO, by the said judgment was held guilty for commission of offences under Sections 7 and 13(2) read with Section 13(1)(d) of the of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act'). On the same date i.e., on 05.02.2007, the Appellant/AO was sentenced to undergo rigorous imprisonment for a period of two (2) years and to pay a fine of Rs.2,000/- for offence under Section 7of PC Act. In default of payment of fine, he was directed to undergo further simple imprisonment for two (2) months. The Appellant/AO was further sentenced to undergo rigorous imprisonment for two (2) years for the offence under Section 13(2) R/w. Section 13(1)(d) of the PC Act and to pay a fine of Rs.2,000/-. In case of default in payment of fine, he was directed to undergo further simple imprisonment for two (2) months. Both the sentences were directed to run concurrently.

(3.) Short fact of the case is that on 03.05.2000, complainant - Davuluri Venkateswarlu (PW.1), filed a complaint to the Inspector of Police, ACB, Ongole, wherein he disclosed that he was an enrolled contractor for borewells and he was Managing Partner of M/s.Amman Borewells with the Andhra Pradesh State Co-operative Rural Irrigation Corporation Limited, Ongole (for short, 'the APSCRIC'). The said contractor got work for laying borewells in Anganwadi building compound during April, July, 1999 through the APSRIC under the scheme of Prakasam District Women and Child Welfare Department relating to Integrated Child Development Scheme (for short, 'the ICDS'). The complainant disclosed that they received work order from Executive Engineer, APSCRIC, to dig 12 bore wells in Giddaluru ICDS Sector, 18 borewells in Vetapalem sector, and 1 borewell in Ulavapadu sector. Immediately thereafter the contractor dug 31 borewells. The measurement was done by the concerned Engineer for the said work and the contractor was given an amount of Rs.1,50,000/- on 19.04.2000. On the date of complaint i.e., on 03.05.2000 in the morning at 11:00 a.m., the complainant along with one of his friends namely P.Raghunath (PW.2) went to the office of APSCRIC Division, Ongole, and met Executive Engineer namely Ch.Jagadeeswara Rao (AO), who at the relevant time was Deputy Executive Engineer and In-charge Executive Engineer of the APSCRIC, Ongole, and requested him to grant the remaining amount of Rs.54,000/- and for signing on the bills and issue cheque in his favour, whereupon a demand of bribe of Rs.4,000/- was made by the Appellant/AO. It was further indicated in the complaint that since the contractor/complainant had suffered loss in the said contract work, he was not in a position to pay the bribe amount. However, the Appellant/AO stated that on earlier occasion also he had not paid the bribe amount and as such the complainant was required to pay Rs.4,000/- within one or two days; only then he would get the cheque or whenever the complainant pays the sum of Rs.4,000/- the appellant can take the step for getting the cheque prepared and handed over. It was made clear that without payment of bribe amount, there was no possibility of payment of the dues of the complainant. Since there was no other way, with an assurance to provide bribe amount, both the complainant and his friend returned. It has also been indicated in the complaint that the complainant was not having any intention to give bribe to the Executive Engineer (Appellant/AO). Hence, he requested the Inspector of Police, ACB, to take action against the Appellant/AO. It is further case of the prosecution that after receipt of the complaint the Inspector of Police got the same verified and also ascertained about the reputation of the Appellant/AO, which was adverse. Subsequently, on 05.05.2000 a formal FIR was drawn vide Crime No.5/ACB-NPK/2000 of ACB, Nellore Range, Prakasam District. Thereafter, a pre trap memorandum (hereinafter referred to as 'Mediators Report No.I') was prepared in the presence of two mediators and in the evening the trap was laid. The Appellant/AO at about 07:00 p.m. in his office was apprehended and tainted bribe amount of Rs.4,000/- was recovered from upper pocket of his shirt and on the same day he was released on bail by the Dy.SP, ACB, on production of self surety for Rs.20,000/-. In the pre trap memorandum, currency notes which were produced by the complainant, were counted and numbers of those currency notes were noted down. After recovery of the tainted currency notes from the shirt pocket of the appellant, the same were tallied with the numbers mentioned in the pre trap memorandum. Thereafter, the appellant was asked to dip fingers of his both hands in the solution. Since currency notes were treated with phenolphthalein powder, after fingers were dipped in the solution of water, the colour turned pink. Similarly, linings of the upper shirt pocket of the appellant were dipped in the water solution which too turned into pink colour. Thereafter, post trap memorandum (hereinafter referred to as 'Mediators Report No.II') was prepared. After laying trap, the appellant was asked to give explanation regarding recovery of the said tainted currency notes. At the time of preparation of mediators report, the Appellant/AO has stated that the contractor/complainant had voluntarily paid Rs.4,000/-, which he received and kept in his shirt upper left pocket. After the trap, necessary witnesses were examined by the Police and during investigation accusation was found true against the appellant and as such prosecution sanction order was also obtained from the competent officer and thereafter charge sheet was filed by the Inspector of Police, ACB, Prakasam District, Ongole, against the Appellant/AO, who was the then Deputy Executive Engineer and In-charge Executive Engineer, APSCRIC, Ongole, vide Crime No.5/ACB-NPK/2000 of ACB, Nellore Range, Prakasam District, for the offences under Sections 7, 11, 13(2) R/w. Section 13(1)(d) of the PC Act alleging that on 05.05.2000 the Appellant/AO demanded and accepted bribe amount of Rs.4,000/- from PW.1, Managing Partner of M/s. Amman Borewells for doing official favour i.e., passing a bill and issuing cheque for the work done by PW.1.