PANCHAKARLA SATYANARAYANA Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(5) 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.9 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, dtd. 19/12/2006, where under the learned Special Judge found the AO guilty of the charges under Ss. 7 and 13(2) R/w.13(1)(d) 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 two years and to pay a fine of Rs.5,000.00 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 two years and to pay a fine of Rs.5,000.00 in default to undergo Simple Imprisonment for three months for the charge under Sec. 13(2) R/w.13(1)(d) of the PC Act and that both the substantive sentences shall run concurrently. MO.3 cash of Rs.4,000.00 shall be returned to PW.1 and MOs.1, 2, 4 and 5 shall be destroyed after appeal time is over.

(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, ACB, Eluru Range, Eluru, West Godavari District filed charge sheet pertaining to Crime No.16/ACB-RCT-EWG/99 of ACB, Eluru Range, Eluru alleging the offences under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the PC Act. The case of the prosecution, in brief, as per the charge sheet is as follows: Sri P. Satyanarayana, S/o. Veera Raghavaiah, AO, worked as Additional Assistant Engineer (Operations), A.P. TRANSCO, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Sub-Station 33/11 KV, T. Narsapuram, West Godavari District. He is a =Public Servant' within the meaning of Sec. 2(c) of the PC Act. Sri Thota Peddi Raju (LW.1), S/o. Venkanna, resident of Tedlam Village, T. Narsapuram Mandal, West Godavari District is working as Head Master in M.P. Elementary School, Kethavaram, West Godavari District. Son of LW.1 is having agricultural lands at Sriramavaram, H/o. Tedlam village and he dug a bore well in the lands and paid Rs.50,620.00 during 1996 through Andhra Bank Demand Draft, as per the estimation made by AO for electrical service connection to the bore well dug in the fields of his son. LW.1 roamed around the office of AO for the above electrical service connection. He was informed that it would be given on priority basis. Subsequently, LW.1, on coming to know that agricultural service connection was sanctioned to his son, on priority basis, met the AO at his residence in the morning on 20/10/1999 and asked the AO about the service connection. AO informed him that electrical service connection was sanctioned to his son on priority basis and that the connected material has to be drawn and demanded Rs.5,000.00 to give service connection to the bore well of his son. When LW.1 pleaded his inability to pay the demanded bribe amount, the AO reduced it to Rs.4,000.00. When LW.1 intimated to AO that he had no money and informed his financial constraints, AO asked him to pay the same after receiving his (PW.1's) salary. Therefore, LW.1 reluctantly agreed to pay the bribe to AO. He went to the office of Deputy Superintendent of Police (DSP), ACB on 30/10/1999 and presented a report to the DSP with a request to take action. The ACB officials registered his report as a case in the aforesaid Crime and took up investigation. On 2/11/1999 at 06:15 a.m. AO was trapped by LW.8, DSP, ACB, when he further demanded and accepted the bribe of Rs.4,000.00 at his residence from LW.1 for doing official favour in giving service connection to the bore well of his son. On seeing the trap party, AO tried to run away from his house with the tainted amount. Trap party caught him and recovered the tainted amount from his right hand. Serial numbers of the tainted amount were found tallied with the serial numbers of the currency notes produced by LW.1 during the pre trap. The chemical test conducted to the right hand fingers of AO yielded positive result and there was no change relating to the left hand fingers of AO. The DSP, ACB seized the tainted amount and relevant records from the office of AO. He arrested the AO and released him on bail on self surety. The act of the AO would attract the offences punishable under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the PC Act. The A.P. TRANSCO being the competent authority to remove the AO, after examination of the material sent by the ACB and on application of mind, accorded sanction to prosecute the AO for the offences under Ss. 7 and 13(2) R/w. Sec. 13(1)(d) of the PC Act. Hence, the charge sheet.