E.VENKATAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is filed by the appellant (A-1) in C.C.No.15 of 1996 on the file of the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad.

(2.) The appellant/A-1-E.Venkataiah who was the Senior Assistant on the date of trap i.e. on 20.08.1994 in the office of the Mandal Revenue Officer, Maheswaram, Ranga Reddy District and A-2, Junior Assistant in the same office were tried by the learned Special Judge for the offences under Sections 7 and 13(1)(d)(i)(ii) r/w Sec.13(2) and under Section 12 of the Prevention of Corruption Act, 1988. After trial and on hearing either side, the learned Special Judge acquitted A-2 of the charge under Section 12 of the Prevention of Corruption Act, 1988, but convicted the appellant/A-1 for the charges under Sections 7 and 13(1)(d)(i)(ii) r/w Sec.13(2) of Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- for the offence under Section 7 of Prevention of Corruption Act, 1988 and further sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- for the offence under Section 13(1)(d)(i)(ii) r/w Sec.13(2) of Prevention of Corruption Act, 1988.

(3.) The indictment against the appellant/A-1 was that for the purpose of entering the name of PW-1, his brother and his father in the Record of Rights in respect of land of an extent of Ac.56.34 guntas which stood in the name of the father of PW-1 demanded bribe of Rs.4,000/- and accepted the same in the course of trap laid against him by the DSP-ACB on 20.08.1994. The specific allegation against A-2 who was acquitted by the trial Court was that he conspired with A-1 in the commission of offence and received an amount of Rs.4,000/- which was kept in a cover at the instance of A-1. The prosecution in order to establish the aforementioned charges, examined PWs.1 to 9, marked Exs.P-1 to P-15 and M.Os.1 to 8. The accused on their behalf examined DWs.1 to 3 and marked Ex.D-1.