K JOHN Vs. STATE

JUDGEMENT

(1.) This appeal is filed against the judgment dated 21.10.2005 passed by the Special Judge for SPE & ACB Cases, Nellore in C.C. No. 17 of 1999, whereby and whereunder the appellant/sole accused was convicted for the offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short "the Act") and was sentenced to undergo rigorous imprisonment for a period of one year besides payment of fine of Rs. 1,000/- and also sentenced to undergo rigorous imprisonment for a period of two years besides payment of fine of Rs. 2,000/-months: for the offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act respectively. I have heard Smt. D. Sangeetha Reddy, learned counsel appearing for the appellant and Mr. Ghania Musa, learned Special Public Prosecutor for ACB/CBI cases.

(2.) The appellant, K. John Devasahayam, was the Prohibition and Excise Inspector, Mulakalacheruvu, Chittoor District during the year 1998. P.W.1- T. Mahaboob Basha, resident of B.Kothakota Village, Chittoor District was running a wine shop under the name and style of 'Shirdi Wines' since 1997. According to him, he was the licensee by paying the license fee of Rs. 67,000/- in the form of challan and furnished bank guarantee of Rs. 1,33,334/-. The allegation against the appellant is that he demanded bribe of Rs. 38,000/- to get his license sanctioned and P.W.1 paid the said amount in four installments to the appellant in April, 1998.

(3.) It is said that on 21.06.1998 the appellant asked P.W.1 to come to his residence at Molakalacheruvu, P.W.1 went to his residence and there the appellant demanded an amount of Rs. 10,000/- as monthly mamul for the liquor shop and threatened him that if the said amount was not paid, he would book false cases against him relating to the said shop and see that the license would be cancelled.