STATE Vs. B. VENKATESWARA RAO

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 378(1) and (3) of the Code of Criminal Procedure, 1973 (for short, =the Cr.P.C'), is filed by the State, being represented by Inspector of Police, Anti Corruption Bureau (ACB), Range-III, Vijayawada through the Standing Counsel for ACB and Special Public prosecutor questioning the judgment in Calendar Case No.13 of 1999, dtd. 16/5/2005, on the file of the Court of Special Judge for SPE and ACB Cases, Vijayawada (for short, =the Special Judge'), where under the learned Special Judge found the Accused Officer (AO) not 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') and accordingly acquitted him of the charges under Sec. 248(1) Cr.P.C.

(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 case of the prosecution, in brief, according to the charge sheet filed by Range Inspector-III, ACB, Vijayawada in Crime No.8/ACB-VJA/98, is that the AO viz., Battina Venkateswara Rao, worked as Mandal Praja Parishad Development Officer i.e., Mandal Development Officer of Tiruvur Mandal Parishad of Krishna District. He is a =Public Servant' within the meaning of Sec. 2(c) of the PC Act. LW.1 - U.V.Sesha Rao is a resident of Tiruvur Village and Mandal of Krishna District. He is working as Headmaster at Parishad Elementary School Nadim Tiruvur. Prior to that, he worked as Headmaster in Mandal Praja Parishad Elementary School (MPES), Suravaram Village of Tiruvur Mandal. B. Venkateswara Rao, MPDO i.e., AO transferred LW.1 on 10/6/1997 vide his order in R.C.No.145/97-C, from MPES, Suravaram to Nadim Tiruvur Elementary School as Headmaster. Having relieved himself on 30/6/1997, LW.1 visited MPES Nadim Tiruvur to join in the duty where he came to know that the orders of MPDO were cancelled as such he was not allowed to join. Then, LW.1 approached the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, =the Tribunal') with his grievance. The Tribunal suspended the cancellation transfer order of LW.1, issued by AO on 8/7/1997. Accordingly, LW.1 joined at MPES Nadim Tiruvur and sent his joining report through registered post to the AO on 11/7/1997. Thereafter, the Tribunal passed its final order on 30/3/1998 vide orders in O.A. No.3871 of 1997 by quashing the cancellation transfer order issued by the MPDO on 29/6/1997. Then, LW.1 met the AO and represented him that he sent a representation to him through registered post for giving instructions to the concerned for handing over Headmaster charge to him at Nadim Tiruvur MPES basing on the Tribunal order. AO did not issue any instructions. Again, LW.1 met the AO at his office on 6/4/1998 and requested him to give proper orders basing on the final order of the Tribunal in O.A. No.3871 of 1997 and for the payment of his salary bills. Then, the AO demanded LW.1 to pay Rs.5,000.00 as bribe for passing an order for the payment of his salaries and also for implementation of the final order of the Tribunal in his favour. Then, LW.1 explained AO about his inability for paying the bribe since he did not receive his salaries and he was in troubles. AO did not hear him. Again, he met the AO on 28/4/1998 at his house and repeated his request to do justice to him. AO reiterated his earlier demand of bribe of Rs.5,000.00 and asked LW.1 to bring the demanded bribe of Rs.5,000.00 on 29/4/1998 and to pay him. As he was not willing to pay the demanded bribe amount, he presented a written report to LW.14, Range Inspector-III, ACB, Vijayawada on 28/4/1998 at 02:00 p.m. LW.14, after fulfilling necessary formalities, submitted the same to Deputy Superintendent of Police (DSP), ACB, Vijayawada (LW.13) for taking further action. LW.13 - DSP, registered the report of LW.1 as a case in Crime No.8/ACB- VJA/98 on 29/4/2008 at 05:15 a.m. and took up further investigation. On 29/4/1998 at about 09:45 a.m. LW.1 met the AO at his residential quarter No.4-372 situated at Santhinagar in Tiruvur and requested the AO to give necessary orders for his continuation at Nadim Tiruvur Elementary School and also for the payment of his pending salary bills. Then, AO asked LW.1 whether he brought the demanded bribe amount of Rs.5,000.00 or not. AO further demanded him to pay the bribe amount. When LW.1 offered to pay the bribe of Rs.5,000.00 to AO, he accepted the bribe of Rs.5,000.00 as illegal gratification other than the legal remuneration with his right hand and kept the same on the bed underneath the pillow. AO informed LW.1 that a favourable order would be issued in favour of him soon.