A Y PRASAD Vs. STATE

JUDGEMENT

(1.) Dr. A. V. Prasad, the then Superintendent of Welfare Tuberculosis and Chest Diseases, Hospital, Dargamitta, Nellore, who is a public servant within the meaning of Sec. 2(c) of the Prevention of Corruption Act, 1988 (for brevity the Act), preferred this Criminal Appeal aggrieved of his conviction for the offence under Sections 7 and 13 (1) (d) read with Sec. 13(2) of the Act and sentence to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/- in default to suffer simple imprisonment for one year, respectively under each count, awarded by the Special Judge for Special Police Establishment and Anti Corruption Bureau cases, Nellore in C.C.No. 13 of 1995 on 20-9-1996.

(2.) The case of the prosecution, in brief, is that 15 days prior to 5-9-1994 Tamalapakula Doss was admitted in TB Hospital, Nellore in RKC Ward and latter he was shifted to TB Ward and T. Bojamma, wife of Doss informed the complainant Bhaskara Rao that the accused on examination informed that he will discharge Mr. Doss; that on 2-9-1994 the complainant approached the accused - appellant, who informed him to meet at his house in the evening. When the complainant met the accused, he demanded Rs. 500/- per month as illegal gratification to show official favour by rendering good treatment without discharging him. When the complainant pleaded his inability, the accused reduced the bribe amount to Rs. 300/- directing him to pay before 6-9-1994 at his house. Since the complainant did not want to pay the bribe, he lodged a complaint with P.W. 7, who registered a case in Cr.No. 9/RC-NLR/94 at 4.30 p.m. on 6-9-94. It is stated that P.W. 1 went to the office of P.W. 1 and produced bribe amount of Rs. 300/- in the presence of mediators. Then P.W. 1 went to the house of the accused alongwith, mediators and staff of the ACB on 6-9-1994 at 6.45 p.m., stopped thejeep in the vicinity of house-cum clinic of the accused, that when P.W. 1 entered into the house of the accused, he demanded the bribe amount and P.W. 1 paid the same, who received it with his right hand and counted with his both the hands; the complainant came out and gave signal and the trap party entered into the house of the accused, conducted test on both the hands of the accused, which proved positive; that on requisition the accused produced the bribe amount from a zip bag, the number of the currency notes tallied, the money was then seized and after completion of investigation, the accused - appellant was charged.

(3.) To bring home guilt of the accused, the prosecution has examined P.Ws. 1 to 7 and marked Exs.P-1 to P-23 and M.Os. 1 to 8. On behalf of the appellant - accused, D.W. 1 was examined and Exs.D-1 to D-8 and X-l to D-8 were marked.