STATE OF A P Vs. B RAMULU

JUDGEMENT

(1.) THIS appeal is filed by the State represented by ACB, Khammam assailing the judgment dated 21.11.2005 passed in C.C.No.5 of 1995 on the file of Principal Special Judge for SPE and ACB Cases, Hyderabad, wherein the respondent / Accused Officer was acquitted of the charges levelled against him under sections 7, 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988.

(2.) THE factual matrix that led to the filing of the present appeal is as follows:

(3.) ONE Sri K.Subrahmanyam (P.W.1) had transported seven loads of firewood to the A.P. Residential School Hostel, Kinnerasani project from 09.03.1993 to 09.04.1993 through the lorry bearing No.APK 7492 at the rate of Rs.1,400/ - per trip. On 10.04.1993 P.W.1 (hereinafter referred to as 'the complainant') approached B.Ramulu (Accused Officer) who is the Principal of the said school with a request to issue cheque for Rs.9,800/ - towards transportation charges for which the Accused Officer demanded an amount of Rs.1,000/ - as illegal gratification for issuance of cheque. The complainant again approached the Accused Officer twice i.e., on 19.04.1993 and 22.04.1993 for issuance of cheque for the said amount. However, the Accused Officer reiterated his previous demand. Having no other alternative, the complainant approached the ACB officials on 22.04.1993 and gave complaint. The Deputy Superintendent of Police, ACB Warangal range, after receiving the complaint from the complainant, registered a case in Cr.No.3/ACB/WKH/1993 under section 7, 13(1) (d) r/w 13 (2) of the P.C. Act. After securing mediators, the ACB officials successfully laid a trap on the Accused Officer on 23.4.1993. The phenolphthalein test on the right and left hand fingers of the Accused Officer gave positive result and the tainted amount of Rs.1,000/ - was recovered from outside the office room of the Accused Officer. After obtaining necessary permission from the Government, the charge sheet was laid for the offences punishable under sections 7, 13(1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988 against the Accused Officer. After following the due procedure, the trail Court has taken cognizance of the offences against the Accused Officer for the offences punishable under sections 7, 13(1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988. On appearance of the Accused Officer, copies of all documents were furnished to him as contemplated under Section 207 Cr.P.C. On hearing both parties, the trail Court framed charges under Sections 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act against the Accused Officer for which he pleaded not guilty and claimed to be tried.