NANDIPATI LAKSHMAN RAO Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the Accused Officer (AO) in Calendar Case No.7 of 2001, on the file of the Court of Special Judge for SPE and ACB Cases, Vijayawada, (for short, =the learned Special Judge') challenging the judgment therein, dtd. 17/11/2006, whereunder the learned Special Judge found the AO guilty of the charges under Ss. 7 and 13(1)(d) R/w. Sec. 13(2) of the Prevention of the Corruption Act, 1988 (for short, =the PC Act'), accordingly convicted him under Sec. 248(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.2,500.00 in default to suffer Simple Imprisonment for three months for the charge under Sec. 7 of the PC Act and further sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.2,500.00 in default to suffer Simple Imprisonment for three months for the charge under Sec. 13(2) R/w. Sec. 13(1)(d) of the PC Act. Both the above substantive sentences shall run concurrently.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The State, represented by Inspector of Police, AntiCorruption Bureau (ACB), Vijayawada Range, Guntur District filed charge sheet pertaining to Crime No.10/ACB-VJA/2000 of ACB, Vijayawada Range for the offences under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the PC Act alleging, in substance, that the AO by name Nandipati Lakshmana Rao, S/o. Koteswara Rao, worked as Senior Accountant in the District Treasury Office (DTO), Guntur from 30/1/1997 to 24/7/2000, as such he is a =Public Servant' within the meaning of Sec. 2(c) of the PC Act. LW.1 - Nemalikanti Balaiah, S/o. Venkateswara Rao is a native of Penumaka Village, Tadepalli Mandal and Guntur District. His father was a retired worker in PWD Department, who died while drawing service pension. Balaiah's mother Smt. Anna Mary, applied for family pension in the last week of May, 2000. LW.1 visited the Sub-Treasury Office (STO), Mangalagiri on 4/7/2000 and ascertained that the concerned pension papers were forwarded to DTO, Guntur. LW.1 visited DTO Office, Guntur on 04. 07.2000 at 02:00 p.m. and met the AO, who demanded Rs.500.00 as bribe to process the said application. LW.1 was unwilling to pay the bribe as such he approached LW.10 - Sri B.R. Dumas, DSP, ACB with a written report. LW.10 - DSP, ACB registered the same as the aforesaid case, after due verification on 7/7/2000. On 7/7/2000 at about 11:45 a.m. AO was trapped by LW.10 in the premises of DTO, Guntur when he was demanding and accepting the bribe of Rs.500.00 from LW.1. He was subjected to chemical test which yielded positive result. He produced the wad of currency notes from his trouser pocket. The serial numbers of the tainted amount were found tallied with the notes mentioned in the pre-trap proceedings. He was arrested and released on self bail. Government of Andhra Pradesh, vide proceedings in G.O.Ms.No.11, Finance and Planning (FIN.WINGADMN.III) Department, dtd. 29/1/2001, issued necessary sanction to prosecute the AO. Hence, the charge sheet.