V VAMAN RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Aggrieved by the judgment dated 25-10-2004 in C.C. No. 20 of 1994 passed by the learned Special Judge for SPE & ACB Cases - cum -IV Additional Chief Judge, City Civil Court, Hyderabad convicting the Appellant - accused officer for the offences under Sections 7 and 13(1)(d)(i) read with 13(2) of the Prevention of Corruption Act, 1988 (for short "the PC Act") and sentencing him to rigorous imprisonment for one year and also to pay a fine of Rs. 1,000/-, in default of payment of fine to suffer simple imprisonment for one month for the offence under Section 7 of the PC Act and further sentencing him to suffer rigorous imprisonment for two years and also to pay a fine of Rs. 2,000/-, in default of payment of fine to suffer simple imprisonment for three months for the offence under Section 13(1)(d)(i) read with 13(2) of the PC Act, the present appeal is filed on the ground that the conviction and sentence recorded against him (Appellant) is contrary to the evidence and material on record and the trial court failed to appreciate the evidence in right perspective and erroneously held that the Appellant is guilty of the said offences.

(2.) The case of the prosecution in brief is that the Appellant, who was a Mandal Revenue Officer (Public Servant) of Bheemadevarapalli of Karimnagar District had demanded and accepted an amount of Rs. 300/- from PW.1, the Defendant facto complainant, on 21-09-1993 at about 4-55 p.m. in his office for showing official favour for issuing 'lavoni patta' in favour of the second son of PW.1 for an extent of Acs. 2-00 in Survey No. 609/1 of Kothapalli village of Bheemadevarapalli Mandal, Karimnagar District.

(3.) That two months prior to 20-09-1993, on coming to know that lavoni pattas were being allotted by the Government, PW.1 approached the Appellant and requested him to allot Acs. 2-00 of land that was being cultivated by his son Komarelli and upon that the Appellant promised to do so. That on 18-09-1993, having coming to know that the pattas were ready, PW.1 approached the Appellant and enquired about the lavoni patta in favour of his second son, whereupon, the Appellant informed him that they were ready but he demanded Rs. 300/- as bribe for allotting the same and asked him (PW.1) to visit him in his office on 21-09-1993 and pay Rs. 300/-.