STATE Vs. T. STATYANARAYANA RAO

JUDGEMENT

(1.) The present appeal, under Sec. 378 (3) and (1) of the Code of Criminal Procedure, 1973, is filed against the judgment and order of acquittal dtd. 15/12/2006 passed in C.C. No. 24 of 2000 by the learned Special Judge for SPE and ACB Cases, Vijayawada, whereby the Accused Officer, who is the respondent herein was acquitted of the charges for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13 (2), 12 and 15 of the Prevention of Corruption Act, 1988 (for short 'the Act, 1988).

(2.) The brief facts of the prosecution case are that one Karri Ramachandra Rao (P.W. 1/de facto complainant) was running a liquor shop at Dugguluru Village under the name and style of 'Sri Lakshmi Mahankali Wines' and on 7/9/1998, at about 7.30 p.m., the Accused Officer and his Circle Inspector visited the shop of de facto complainant and demanded to pay Rs.45,000.00 as bribe as monthly 'mamools' for five (5) months i.e., from April to August @ Rs.7,000.00 per month and Rs.10,000.00 for the license obtained by him to run the shop. On that P.W. 1 expressed his inability to pay, stating that he incurred loss in his business. Then both of them threatened P.W. 1 that they would implicate him in a false case and cancel his licence. However, they have signed in the Inspection Book maintained in the shop. Again on 10/9/1998, on the instructions of the Circle Inspector, Prohibition and Excise, Narasapuram, the P.W. 1 met both the Accused Officer/respondent herein and the Inspector. On that they both reiterated their earlier demand. When the P.W. 1 expressed his inability, they once again threatened and obtained his signature in a blank paper and the Circle Inspector demanded the P.W. 1 to pay atleast an amount of Rs.10,000.00 as part payment either to him or to his Sub-Inspector within four or five days and pay the balance amount by the end of September, and also further demanded to pay Rs.7,000.00 on every month as 'mamool' (formality), for which the P.W. 1 reluctantly agreed. Then the P.W. 1 proceeded to the office of the Deputy Superintendent, ACB, Eluru range (P.W. 8) and presented Ex. P3 report, who after observing necessary formalities, registered the same in Crime No. 7/ACB-RCT-EWG/98 on 14/9/1998 and took up investigation.

(3.) In accordance with the standard procedure for trap cases, arrangements were made and the Accused Officer was caught on 15/9/1998 at 8.20 a.m., when he received the tainted amount of Rs.10,000.00 from the P.W. 1 and kept the same on loft (ataka) in bathroom. Then as per the instructions of the ACB officials, the P.W. 1 gave signal and on which the Inspector of Police, ACB (P.W. 10) conducted chemical test on the respondent/Accused Officer, which yielded positive result. Then the tainted currency notes were recovered from the possession of the Accused Officer. After considering material, the Principal Secretary to the Government Revenue (Excise-I) Department, Government of Andhra Pradesh, Hyderabad, issued sanction orders against the Accused officer to prosecute him and on that the Deputy Superintendent/P.W. 8, who laid the trap, instructed the Inspector of Police/P.W. 10 to take up further investigation against the Accused Officer. The Inspector of Police, ACB, Eluru range on completion of investigation laid the charge sheet against the Accused Officer/respondent herein for the offences punishable under Ss. 7, 13 (2) r/w 13(1)(d) of the Act, 1988.