B PARAMESWARAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-10-1994 in CC No.5 of 1993 on the file of the Special Judge for C.B.I. Cases, Visakhapalnam under which the appellant has been convicted for the offence under Section 13(a)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.500.00, in default to undergo simple imprisonment for one month

(2.) The accused, Parameswaran @ Parameswara Rao was a clerk-cum-typist in the Divisional Audit Office, South Central Railway at Vijayawada. PW1, K.K. Venkata Ramana, had earlier worked as a cleaner under a Railway Contractor from 198 7/09/1989 in the Vegetarian Canteen of Vijayawada Railway Station and later worked as a helper in the Vegetarian Restaurant in the Railway Canteen in Guntur Railway Station from March, 1990 to December, 1991. For appointment as casual labourers in the vegetarian restaurant of the Railways along with others, PW1 was called for a screening test which was conducted at Divisional Railway Manager's Office, Vijayawada. Due to ill-ness of his father, PW1 was unable to attend the said screening test. He gave representations to the Senior Divisional Commercial Superintendent, South Central Railways, Vijayawada under Ex.Pl and Ex.P3 for holding a screening test for him. The contractor under whom PW1 was employed also sent a representation under Ex.P2 to the same effect. But, no action was taken on these representations. PW1 visited the Divisional Railway Manager's Office, Vijayawada to enquire as to the action taken on his representations. The accused happend to meet him there and enquired about PW1 's problems. PW1 narrated to him about the screening test that he missed. The accused asked him to meet him in his office and accordingly PW1 met the accused on or about 21-1-1992. The accused told him that he knew some people in Divisional Railway Managers Office, Vijayawada and General Manager's Office, Sccunderabad. The accused told him that him that he would arrange the screening test by influencing those persons in the Divisional Manager's Office, Vijayawada and the General Manager's Office, Secunderabad. The accused further told that a sum of Rs.6,000.00 would be required towards bribes for that purpose. When PW1 expressed inability to pay that amount, the accused asked him to pay the amount in instalments at the rate of Rs.1,000.00each.

(3.) The accused asked PW1 to go over to him on 24-1-1992 by 10.30 a.m. along with the first instalment of Rs.1,000.00. He also asked him to get the SSC Certificate, Transfer Certificate and also service certificate.