K A HASSAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant-K.A. Hassan, Detective Sub-Inspector, Shamshabad Police Station of Rangareddy district, is convicted by the Additional Special Judge for SPE & ACB Cases, Hyderabad for offences punishable under Sections 7,11 and 13(1) (d) (i) and (ii) read with Section 13 (2) of Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- for the offence punishable under Section 7 of the Act. The accused was further sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- for the offence punishable under Section 13 (1) (d) (i) and (ii) read with Section 13(2) of the said Act. The sentences of imprisonment are ordered to run concurrently. In default of payment of fine, the accused is ordered to suffer simple imprisonment for a period of six months under each count.

(2.) The accused is alleged to have demanded a sum of Rs. 500/- as gratification other than legal remuneration as a motive or reward for showing official favour by not foisting any criminal case on the complainant by treating him as the receiver of stolen property. On 8-10-1989 afternoon, the accused renewed the demand of bribe at the workshop of Syed Anwar Ali while passing through that road. However, the complainant was not willing to pay the bribe amount demanded by the accused and, therefore, he approached the Deputy Superintendent of Police, Anti Corruption Bureau, Hyderabad and made oral complaint to take necessary action. His statement was reduced to writing and a case was registered against the accused for the aforesaid offence.

(3.) The complainant-Syed Anwar Ali who was examined as P.W.I while narrating the facts of his case in his oral testimony stated that the accused called him at the Police Station in September, 1989 and asked him whether he was doing business in stolen electric motors. When the complainant gave the answer in negative the accused still persisted his demand and in order to avoid harassment by police, P. W. 1 bought two old electric motors one 5 HP motor and another 10 HP motor and handed over the same to the accused. Two or three days after the accused made accusation against him he bought the motors and gave the same to the accused on 3-10-1989. The accused again called P.W. 1 to the police station and demanded a sum of Rs. 500/- from him so that the accused may not file any case against P.W.1. P.W.1 told him that he had already spent money to purchase the electric motors which were handed over to him and he was not having any money to meet with the further demand of the accused. Further, according to P.W.1 since he could not tolerate the harassment caused be the accused, P.W.I went to DSP, ACB, Hyderabad and reported the matter to him in October, 1989. The DSP recorded his statement at about 4-00 p.m. which was signed by P.W.I and thereafter the P.W.I narrated the manner in which the trap was laid and executed.