C KISHAN RAO Vs. STATE OF A P

JUDGEMENT

(1.) The appellant, who is accused, filed this appeal against the judgment dated 11-9-1995 in CC No.39 of 1993 on the file of Principal Special Judge for SPE and ACB Cases, Hyderabad, convicting the appellant-accused for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default to suffer rigorous imprisonment for one month and also convicting the appellant for the offence under Section 13(2) read with Section 13(l)(d) of the Act and sentencing him to undergo imprisonment for two years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for one month. Both sentences were directed to run concurrently.

(2.) The appellant-accused was working as Mandal Development Officer (MDO), Vararamchandrapuram Mandal, Khammam district. PW1, S. Ramanadham, is the complainant and while he was working as Village Development Officer of the said Mandal, he sent an application on 3-2-1990, 10-9-1990 and 13-9-1990 for his transfer from Vararamchandrapuram Mandal to Yellandu as affirmed by PW2, P. Babu Rao, who was working as Superintendent in the Office of Zilla Praja Parishad, Khammam, at the relevant time. PW1 was transferred with immediate effect from Vararamachandrapuram Mandal to Yellandu by the District Development Officer vide order dated 24-9-1990, which was marked as Ex.P2. By the said order. PW1 was posted as Village Development Officer, Mandal Praja Parishad, Yellandu, which post was kept vacant. The Mandal Development Officer (accused), Vararamachandrapuram Mandal, and the Mandal Development Officer, Yellandu, were requested to immediately intimate the date of relief and joining of the said Village Development Officer. Pursuant to the said transfer order, PW1 filed an application Ex.P3 on 5-10-1990 before MDO, Vararamchandrapuram Mandal, requesting him to issue relieving orders.

(3.) It is the case of the PW1 complainant that on receiving the said application, the appellant-accused demanded to pay Rs.500/- as bribe for relieving him, otherwise he will not be relieved. PW1 pleaded that his wife's health is not good and that there are no good medical facilities in Vararamachandrapuram and therefore, he may be relieved immediately. But, the accused-appellant firmly told PW1 that he would be relieved only if he pays a bribe of Rs.500/-, otherwise, he will not be relieved. PW1 did not give bribe to the accused Officer. Instead, PW1 lodged Ex.Pl complaint on 23-10-1990 to PW6, DSP (ACB), Warangal. The said complaint was registered in Crime No.3/ACB-WRL/90 and Ex.P-11 FIR was sent to the Court. On the basis of the said FIR, PW6 took up investigation.