GIDUTHURI JAGANNAYAKULU Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed against the judgment in C.C.No.1/91 on the file of the III Addl. District and Sessions Judge-cum-Special Judge for A.C.B. cases, Visakhapatnam convicting the accused under Section 7 and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and sentencing him to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 100/- in default to undergo simple imprisonment for one month for each of the offences under Section 7 and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that the accused Officer was working as an Executive Officer, Nellimarla Gram Panchayat. He demanded a sum of Rs.200/- on 6-7-1990 from Byreddi Suryanarayana to process the resolution passed by the Panchayat Committee and he was caught red-handed when he demanded and accepted the tainted amount of Rs.200/- from PW1 on 10-7-1990 at 12.30 p.m. in Gram Panchayat Office, Nellimarla. The accused denied the Commission of the offence. The prosecution in support of its case examined seven witnesses and the accused examined two witnesses DW1 and DW2. The prosecution marked Exs.P1 to P24 and MOs.1 to 8, while the accused marked Exs.D1 to D6.

(3.) The facts in brief according to the prosecution are: PW1 Byreddi Suryanarayana was the highest bidder in an auction held on 16-3-1989 by the Gram Panchayat, Nellimarla for the contract of collection of Asseelu' i.e. fee from persons who bring commodities for sale at the shandy held near Jute Mill Nellimarla on 10th of every month. The highest bid for Rs.5,000/- offered by PW1 was accepted by the Gram Panchayat. On the very date of auction he paid Rs.1,1517- being 1/4th of the bid amount and Rs.100/- for deposit and in total he paid an amount of Rs.1,251/-. PW1 started collecting Asseelu and the shandy was held in the month of April, 1989 and he paid the stipulated amount of Rs.416/- for that month. However, Nellimarla Jute Mill was closed due to strike from 11-5-1989. The shandy for the month of May, 1989 was held on 10-5-1989. So, PW1 has to pay the kist payable for May, 1989 but he could not pay the same in the month of June, 1989. Therefore, he filed an application under Ex.P1 on 15-6-1989 for grant of remission for the amounts payable in June for the month of May, 1989 for a sum of Rs.7007- on the ground that he sustained loss. However, he did not get any reply. On 15-2-1990, the Executive Officer of the Gram Panchayat sent a notice under Ex.P2 to PW1 to the effect that the entire amount payable for the entire year should be deposited to take action on his request for remission. On 12-3-90, PW1 sent a letter under Ex.P3 requesting the Gram Panchayat to consider grant of remission for the entire period often months. PW1 came to know that the Gram Panchayat passed a resolution for grant of remission in his favour on 5-7-1990 and met the Executive Officer in the Gram Panchayat on 6-7-90 at about 11 a.m. He informed him that he learnt about the resolution passed by the Gram Panchayat. Then the Executive Officer replied that he will have to pay Rs.200/ and if that amount is paid he will talk with the higher officials and see that the amount payable is waived. PW1 expressed his inability to pay the amount as he did not want to pay. The Executive Officer replied that unless that amount is paid his work will not be done PW1 left saying that he would come within 4 or 5 days and went to the office of A.C.B at 11.00 a.m. on 9-7-90 and narrated the matter to the Inspector PW7 who recorded the statement of PW1 under Ex.P4. The Inspector asked him to come on the next day by 6 a.m. with the proposed bribe amount. Accordingly he went there and the Inspector PW7 introduced PW1 to the Deputy Superintendent of Police PW5 and they commenced pre-trap proceedings at 9.00 a.m. and concluded at 11.15 a.m., the amount of Rs.200/- given by PW1 in four fifty rupee denomination notes were tainted with Phenolphthalein powder and kept in his shirt pocket and asked him not to touch the amount at all till it is demanded and accepted by the Executive Officer and in that event he should come out of the office of the Panchayat Office and give a signal by wiping his face with the end of his shirt. Accordingly the trap was arranged. PW1 walked towards the office of the Gram Panchayat and found the Panchayat Officer present in the office PW1 asked the Panchayat Officer whether he got orders regarding the amount payable by him. The Panchayat Officer answered that unless he pays the amount demanded by him, his work will not be done. Then he told him that he brought the amount demanded and so saying he handed over the tainted four fifty rupee denomination notes from the shirt pocket and handed over the same to the Panchayat Officer. The Panchayat Officer took it with his right-hand and counted., the same with both the hands and then kept it in his shirt pocket. After paying the amount, PW1 requested him to do the work quickly. Then he came out of the office and gave the signal and within five minutes the A.C.B party arrived at the Gram Panchayat Office. PW5 rushed into the Gram Panchayat Office and after ascertaining the Panchayat Officer, gpt fetched two glass tumblers, prepared Sodium Carbonate solution and subjected the fingers of both hands of the Panchayat Officer. The test yielded positive result. The accused officer when questioned whether he demanded and accepted the bribe amount from PW1 and if so produce the amount and on that the accused officer became confused and perplexed and produced four fifty rupee denomination notes from his shirt pocket and on verification, the numbers of those currency notes were found to tally with the notes numbers mentioned in Ex.P7. The currency notes seized are marked as M05. The inner linings of the shirt of accused officer was also subjected to Phenolphthalein test and it yielded positive result. PW5 recorded the statement of the accused officer in the post-trap proceedings and thereafter, he secured the presence of PW1 and questioned him what all happened and what all he narrated was also recorded. The trap was successfully laid.