SABBA VENKATESHWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed against the judgment and sentence passed in C.C.No.18 of 1992 on the file of Special Judge for SPE and ACB Cases, Vijayawada. The brief facts of the case are as follows:-

(2.) The accused was functioning as Deputy Civil Surgeon, GovernmentHospital, Nuzvid, Krishna District, from 1986 to September, 1991. PW-1 is a native of Nuzvid. On 29-8-1991 he went to Govt. hospital for treatment of his ailment to his left testicle. The accused after examining told PW-1 that he was suffering from Hernia and operation is necessary. He demanded an amount of Rs.150/- as bribe for performing the said operation. PW-1 pleadedhis inability and he was not willing to pay any bribe. He went to A.C.B. office at Vijayawada and gave a report on 3-9-1991. Between 9 and 9-30 a.m. PW-6, who is the Inspector of A.C.B. Vijayawada, recorded the statement of PW-1. The contents were read over to him. PW-1 admitted the contents to be true. PW-1 affixed his left thumb impression on the statement, which is marked as Ex.P-13. PW-6 verified the antecedents of the complaint and instructed PW-1 to come to A.C.B. office on 5-9-1991 at 12 noon. Accordingly, PW-1 went to A.C.B. office along with Rs. 150/-, which was intended to be paid as bribe, on demand. PW-6 presented a report to the Deputy Superintendent of Police, A.C.B.(PW-5).On5-9-1991 at about 10 a.m. PW-5 received the statement of PW-1 which was recorded by PW-6 and registered the case as Cr.No. 13/91 of A.C.B. Vijayawada, under Sections 7, 11 and 13 of P.C.Act and issued F.I.R Ex.P-12. PW-2 conducted preliminary proceedings in his office on 5-9-1991 from 2 p.m. to 2.15 p.m. in the presence of mediators PW-2 and another. PW-5 introduced PW-1 to PW-2 and another and gave a copy of the statement of PW-1. PW-1 produced a hundred rupee note and a fifty rupee note. The description of these two notes was noted. The said two notes were treated with layer of phenolphthalein powder by a Constable as per the instructions. He made the notes into a wad and kept the same in the shirt pocket of PW-1. The significance of the treatment was explained to PW-2 and another. PW-1 was instructed to pay the tainted amount to the accused only on demand. When the accused accepts the amount, PW-1 was instructed to come out and give a signal by wiping his face with hand-kerchief. PW-1 also produced Out patient chit, Ex.P-4. The description of the same was noted and the same was kept in knicker pocket. Samples of phenolphthalein powder were collected in separate covers. The sealed lables were attested by PW-2, PW-5 and another mediator. The mediator's report, Ex.P-5, was prepared by PW-2 and another. On 5-9-1991 at3.30p.m. the trap party consisting of PW-1, PW-2 and PW-5 and some others left the A.C.B. Office, Vijayawada, in a jeep and reached the vicinity of Tennis court in Nuzvid at 5 p.m. Then PW-5 instructed PW-1 to proceed to the hospital by walk. A P.C. was instructed to follow PW-1 and sit at the gate of the hospital. After receiving the prearrangement signal from PW-1, the trap party entered the hospital at 5.30 p.m. They went into the room to the Doctor. At that time the Doctor was talking with another person, aged about 30 years, by name Jandhyala Ramakrishna. PW-5 introduced himself to that person and the accused. He asked Ramakrishna to wait outside. PW-5 introduced the remaining members of the trap party to the accused officer (A.O). The right hand fingers of the accused were subjected to phenolphthalein test, which proved positive. When the left hand fingers were also subjected to test in the Sodium Corbonate solution, the same proved positive. PW-5 asked the accused officer to produce the tainted amount. A.O. produced the same from his shirt pocket. The amount was verified by PW-2 and the numbers tallied. PW-5 asked the A.O. to produce the contents from his pocket. The A.O. produced two slips, M.Os 4 and 5. One slip contained the a name of PW-1. The Dy.S.P. seized M.O.I currency notes and M.Os 8 to 10 and the bottles. Ex.P-9 is the mediator's report. The Dy.S.P.(ACB) arrested the accused and released him on bail. The O.P. register, Ex.P-6, in which the relevant entry marked as Ex.P-7 was seized. Ex.P-8, attendance register, was also seized. PW-5 entrusted the further investigation to PW-6. PW-6 examined PW-4 and recorded his statement on5-9-1991. He also examined PW-1 and recorded his statementon 6-9-1991, which is Ex.P-3. PW-6 examined one P.L.S. Vanajakumari, Pharmacyst of the same hospital, on 5-9-1991. He got the statement of the complainant recorded by PW-3 on 3-10-1991, under Section 164 Cr.P.C. After completion of investigation, PW-6 submitted D.F.R. to the Director General, ACB, Hyderabad. After receiving the sanction order from the Government, PW-6 filed the charge sheet against the accused on 22-6-1992.

(3.) The Lower Court framed the charges against the accused under Sections 7 and 13(1)(d)(ii) read with 13 (2) of Prevention of Corruption Act, 1988. When the charges were read over, the accused denied the same and claimed to be tried.