G YADGIRI REDDY Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the accused in C.C. No. 14 of 1992 against the judgment dated 17-6-1997 of the Principal Special Judge for SPE and ACS cases, City Civil Court, Hyderabad convicting him for the offence under Sections 7 and 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment (R.I.) for three years under each count and also to pay fine of Rs.3,000/- on each count, in default to suffer Simple Imprisonment (S.I.) for six months on each count.

(2.) The factual matrix leading to the filing of appeal is as follows:

(3.) The appellant-accused worked as a Police Constable of Ramachandrapuram Police Station, Ranga Reddy District from June 1989 to 20-4-1991. While working as such, he approached P.W.I, an employee of B.H.E.L. Canteen and informed him that the Secretary of the B.H.E.L. Co-operative Credit Society has lodged a complaint against him alleging that he forged the signatures of D.W.4 and withdrew a loan of Rs.20,000/- from the said society. The appellant-accused met P.W.I several times in connection with the said complaint and demanded a bribe of Rs.1,500/- to avoid the arrest. On 20-3-1991 the appellant went to P.W. 1 and asked him to pay the bribe amount on 21-3-1991 at 4 p.m., by reducing it to Rs.1,000/-. P.W.1 lodged a complaint with the Deputy Superintendent of Police, Anti- Corruption Bureau, City Range-H, Hyderabad on 21-3-1991 and a case was registered against the appellant and a trap was laid on the same day. The appellant was caught red handed in "Capri" Restaurant immediately after taking the bribe amount of Rs.1,000/- in the presence of P.W.2. The sodium carbonate test conducted to his hands and shirt pocket proved positive. The currency note numbers recovered found tallied with the numbers mentioned in the mediator's report. Subsequently, the charge- sheet was laid after complying with the formalities.