D SUDHARSHAN Vs. ANTI CORRUPTION BUREAU

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment dated 29-10-2005 passed by the Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad in CC. No. 14 of 2001 whereby and whereunder the appellant-sole accused was convicted for the offence under section 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 and was sentenced to undergo Rigorous Imprisonment for one year for the offence under section 7 of the Act and also to pay a fine of Rs. 1000/- and in default to undergo simple imprisonment for three months and also sentenced to undergo Rigorous Imprisonment for two years for the offence under section 13(1)(d) of the Act punishable under section 13(2) of the Act and also to pay a fine of Rs. 2,000/- and in default to undergo simple imprisonment for six months. Heard Sri B. Venkat Ratnam, the learned counsel appearing for the appellant and Sri R. Ramchandra Reddy, the learned Special Public Prosecutor and Standing Counsel for ACB and CBI Cases.

(2.) The prosecution case is that PW-1 the defacto complainant Sri Gorkati Ravi in this case is resident of Venkatapur village of Duggondi Mandal, Warangal district. He belongs to scheduled caste. He is a labourer. On 07-03-1999 some houses in their village were gutted in fire accident. The District Collector, Warangal had sanctioned an amount of Rs. 16,500=00 to each individual whose house was burnt in the fire accident. PW-1 was one such person, who was granted the amount by the District Collector for the purpose of reconstructing the house. The appellant was working as Assistant Engineer in AP State Housing Corporation, Narsampet, Warangal district. Cement bags were to be supplied to the complainant and other persons whose houses were burnt in the fire accident basing on the vouchers issued by the appellant for the construction of their respective houses. The prosecution version is that the appellant issued vouchers for some cement bags and for issuing the remaining vouchers he demanded an amount of Rs. 1,000/- from PW-1. PW-1, who was not willing to pay the bribe amount to the appellant, approached PW-6 Deputy Superintendent of Police, ACB, Warangal Range and gave a complaint against the appellant on 26-03-1999 at 10:00 a.m. A case in Crime No. 4/ACB-WRL/99 came to be registered on 28-3-1999 against the appellant under section 7 and 13(2) read with section 13(2)(d) of the Prevention of Corruption Act, 1988. In the course of investigation, a trap was laid on 28-03-1999 in the course of which as directed by the Deputy Superintendent of Police, PW-1 approached the appellant and offered an amount of Rs. 800/- as bribe. He received the same and the trap laying party rushed in on receiving the pre-arranged signal. The chemical test conducted on the fingers of the appellant yielded positive result and the tainted amount of Rs. 800/- was recovered from the possession of the appellant.

(3.) In the course of trial before the learned court below, the prosecution examined PWs 1 to 6 and marked Exs. P-1 to P-13. The appellant did not depose or examine any witnesses and marked Ex. D-1 tour diary on his behalf.