SYED ABDUL BARI Vs. STATE

JUDGEMENT

(1.) The accused is the appellant. The Court of the Additional Special Judge for SPE and ACB Cases at City Courts, Hyderabad by its judgment dated 31-3-1997 in C.C. No.6 of 1989 found the accused guilty for the offence punishable under Section 161 of the Indian Penal Code and under Section 5(1 )(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for short 'Act') and accordingly convicted him and sentenced him to suffer rigorous imprisonment for two years for the offence under Section 161 of the Indian Penal Code and also convicted and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500.00 in default to suffer rigorous imprisonment for two months for the offence punishable under Section 5(1 )(d) read with Section 5(2) of the Act.

(2.) The case of the prosecution is as follows:

(3.) The appellant while working as Excise Inspector, Gadwal Circle demanded an amount of Rs.400.00as gratification other than legal remuneration from the complainant, PW1 who was an Arrack Contractor of leeja Group arrack shops for the year 1985-86 for showing official favour in issuing a No Due Certificate to the complainant, PW1. PW1 is not willing to pay any bribe amount to the accused and as such he approached the D.S.P., A.C.B., Hyderabad Range, Hyderabad, PW11 at his office on 24-8-1987 and lodged a written complaint mentioning the facts and requested to take necessary action against the accused. On receipt of the complaint from PW1, a case was registered under Section 161 of the Indian Penal Code and under Section 5(2) read with Section 5 (3) (a) of the Act. During the course of the investigation, a trap was arranged against the accused by the Anti Corruption Bureau (for short 'ACB'). On 26-8-1987 at 9.15 pm the accused in pursuance of the earlier demand, again demanded and accepted an amount of Rs.400/- from PW1 in his office at Gadwal as gratification other than legal remuneration as a motive or reward for showing official favour in issuing of a No Due Certificate to the complainant, when he was trapped by the officers of the ACB. Accordingly, he was charge-sheeted before the Special Court for the aforesaid offences. After the trial, the Special Judge convicted him and sentenced him as aforesaid.