M PYDI RAJU Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is filed by the appellant-AO.l against the judgment dated 12-09-1996, passed in C.C.No. 12 of 1993 on the file of the III Additional District and Sessions Judge-cum-Special Judge for SPE and ACB cases, Visakhapatnam, in convicting him for the offence under Sections 7 and 13(2) read with 13(1) (d) of Prevention of Corruption Act, 1988 (for short "the Act") and Section 201 IPC, and sentencing him to suffer rigorous imprisonment for a period of one year and also to pay a fine of Rs. 1,000.00in default, to suffer simple imprisonment for three months for the offence under Section 7 of the Act. He was further sentenced to suffer rigorous imprisonment for a period of one year and also to pay a fine of Rs. 1,000.00, in default, to suffer simple imprisonment for three months for the offence under Sec.l3(2) read with 13(1) (d) of the Act. Both the sentences of imprisonment imposed under the above two counts are ordered to be run concurrently. No separate sentence is passed insofar as the offence under Section 201 IPC is concerned.

(2.) The facts in brief are that the accused, by name, M. Pydi Raju (for short 'AO-1'), was working as Typist-cum-incharge Senior Assistant in the office of the District Registrar, Vizianagaram. On 06-07-1991,Mr.S. Kasinath- P.W. 7, who is the president of the "Sairam Vikalangula Samchema Sangham", went to the Registrar's Office, at Vizianagaram, to register the said Sangham, and therefore, approached A.O. 1 and paid an amount of Rs. 50/ - towards registration fee. He obtained a receipt to that effect from A.O. 1, after he signed in the application form for registration of the same. After receiving the application, according to P.W. 7, A.O. 1 demanded an amount of Rs. 200.00. As bribe, for issuing the certificate of registration and stated him to come on 08-07-1991 for receiving the same. However, P.W. 7 pleaded his inability to pay the bribe amount, but A.O. 1 did not agree. Aggrieved by the same, P.W. 7 gave a complaint to P.W. 9 Inspector of Police, on 19-07-1991. On 20-07-1991, at 11.30 a.m., AO. 1 was trapped in his office , when he demanded and accepted a sum of Rs. 200.00 towards illegal gratification, other than the legal remuneration. A.O. 1 after accepting the said bribe amount from P.W. 7, issued registration certificate and thereafter he kept the same in his table drawer and further he called A.O. 2 and handed over the same to him.

(3.) A.O. 1, who is the appellant herein, was working as Typist-cum-incharge Senior Assistant; P.W. 1, G. Pullaiah, is the District Registrar; P.W. 2, B. Narasimha Murthy, is theJointSub-Registrar;P.W.3,P.Ramakrishna, is the attender working in the office of the District Registrar, Vizianagaram. It has come in the evidence of P.W. 7 that in the year 1991 physically handicapped persons of Cheepurupalli village have formed into an association in the name and style of "Sairam Vikalangula Samchema Sangham", for which P.W. 7 is the President and that on 06-07-1991, he went to the office of the District Registrar, with an intention to register the said Sangham, and met one Mr. Krishnam Raju, who is the Office Assistant in charge of Registration of Society, working in the place of A.O. 1. He also met A.O. 2 and purchased the registration form (Ex.P-4) by paying an amount of Rs. 50.00 towards registration fee and submitted the same of P.W. 2. He obtained a receipt-Ex.P-5, and handed over the said application form to A.O. 1. It has further come in the evidence of P.W. 7 that A.O. 1 demanded a sum of Rs. 200.00 as bribe, for registering the said Sangham and asked him to pay the same on 08-07-1991. But, on 08-07-1991, P.W. 7 did not go to the registration office, as he was suffering from diarrhea. Again on 19-07-1991, P.W. 7 went to the District Registrar's office, and met A.O. 1 and enquired about registration. It is further stated that A.O. 1 asked him whether he has brought Rs. 200.00, as demanded by him earlier and also informed him that the said Sangham was registered with registration No. 138/91, which is marked as Ex.P-10. P.W. 7 further informed A.O. 1 that he will bring the money next day, and came out of the office.