GEDALA MADHUSUDANA RAO Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C), is directed against the judgment, dated 12.12.2002, in C.C.No.14 of 1998, on the file of the learned III Additional District & Sessions Judge-cum-Special Judge for A.C.B. Cases, Visakhapatnam, whereunder and whereby, the appellant/sole accused was found guilty of the offences under Sections 7 and 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and accordingly convicted and sentenced to undergo Simple Imprisonment for a period of one year and to pay a fine of Rs.1,000/-, in default of fine to undergo Simple Imprisonment for a period of one month, under each count.

(2.) The brief facts that are necessary for disposal of the prosecution case may be stated as follows: The Accused Officer worked as a Junior Assistant in 'E' Section under the Mandal Education Officer in Mandal Parishad Development Office. He was assigned with the duties of scrutiny of bills like Group Insurance Scheme, Gratuity, Pension and Family Pension etc., pertaining to the retired teachers and the deceased teachers and to pay the amount to the concerned people. Wife of P.W.1 viz., Smt. Balijepalli Krishnaveni, who was working as a Secondary Grade Teacher in Mandal Parishad Elementary School, died on 18.02.1997 while she was in service. P.W.1, being the husband of Smt. Balijepalli Krishnaveni, was entitled to claim the benefits after her death. On 26.05.1997, an amount of Rs.4,332/- was sanctioned under Group Insurance Scheme and the said bill was received in the Mandal Parishad Development Office. Then on 02.06.1997, P.W.1 approached the Accused Officer who was the concerned Clerk and enquired him about the money due to him under Group Insurance Scheme, for which the Accused Officer asked him to pay Rs.600/- to arrange for payment of the money due to him. About 8 days later, P.W.1 again approached the Accused Officer and requested him about the payment which was due under the Group Insurance Scheme. But the Accused Officer informed him that unless he pays the demanded amount, he would not be paid the said amount. On such demand, P.W.1 agreed to pay an amount of Rs.500/- on 16.06.1997. Thereafter, he approached one Sankarayya master and got a report drafted by him and presented the same to the Deputy Superintendent of Police, Anti-Corruption Bureau (for short, 'A.C.B.'), Visakhapatnam (P.W.5). On 14.06.1997, basing on Ex.P1-report, P.W.5, after verifying the antecedents and genuineness of the complaint, registered the same as case in Crime No.5/TC Asv WLR/97 of PCA and issued First Information Report, which is marked as Ex.P13, and informed P.W.1 to come on 16.06.1997 at 7.30 a.m. On 16.06.1997, P.W.5 called P.W.4 and another, panch witnesses. Then P.W.1 and the mediators were introduced to each other and the complaint was read over to them. They were also explained the purpose and use of Phenolphthalein powder. Then P.W.1 produced the bribe amount of Rs.500/- consisting of all one hundred currency notes. The numbers of the said currency notes were noted and the entire procedure was explained to them. The preliminary panchanama, which is marked as Ex.P10, was drafted. After completing the proceedings at the office, the entire trap party left the office at 10.30 a.m. and reached the Clock Tower, Bheemunipatnam at 11.30 a.m. P.W.1 was instructed to give a signal soon the amount is demanded and accepted. Then P.W.1 and Sankarayya master proceeded towards the office and the rest of the trap party members took their vantage positions. By the time P.W.1 went into the office of the Accused Officer, he found another person sitting with the Accused Officer. When P.W.1 asked the Accused Officer about his payment, he stated that the Mandal Development Officer was not available and asked him to come on the next day. So saying, he came out of the office into verandah and asked P.W.1 whether he brought the amount. Then P.W.1 took out Rs.500/- from his left side shirt pocket and gave it to the Accused Officer and the Accused Officer received the same with his right hand and kept it in his right side trouser pocket. Thereafter, P.W.1 gave a pre-arranged signal by wiping his face. After receiving the said signal, P.W.5 and other trap party members rushed to the premises. P.W.5 disclosed his identity to the Accused Officer. Then the Accused Officer took out the currency notes from his right side pant pocket and threw it on a pad on the table. He was perturbed and started rubbing both his hand fingers to his pant. On seeing that, P.W.5 asked him not to do so and questioned him whether he had received any bribe amount. Then P.W.5 recorded the statement of the Accused Officer in post-trap panchanama, which is marked as Ex.P12. Thereafter, P.W.5 secured two glass tumblers in which the Sodium Carbonate Solution was prepared and made the Accused Officer to rinse his both hand fingers separately in both the tumblers, which turned into pink colour. Thereafter, P.W.5 preserved both the resultant solutions separately in two different bottles and sealed the same, which are marked as M.Os.3 and 4 respectively. Then the numbers of the tainted currency notes were verified and found tallied with the numbers as mentioned in Ex.P10. P.W.5 seized M.O.5-cash. The inner lining of the right side pant pocket of the Accused Officer was also subjected to the Sodium Carbonate Solution test, which turned into pink colour. The resultant solution was collected in another bottle, which is marked as M.O.6. P.W.5 further seized the pant of the Accused Officer, which is marked as M.O.10. Later, P.W.5 recorded the statement of P.W.1 and then he confronted the same with the Accused Officer and recorded the clarification in Ex.P12-Post- trap Proceedings. P.W.5 then examined P. W.2 who was found to be sitting at the table of the Accused Officer. Ex.P4 is his statement. Then P.W.5 seized the Group Insurance Scheme bills, Treasury bill book, tappal register, attendance register, which is marked as Ex.P8, of Smt. Balijepalli Krishnaveni and charges list, which is marked as Ex.P3. P.W.5 then prepared a rough sketch of the scene of trap, which is marked as Ex.P11. Thereafter, P.W.5 arrested the Accused Officer and then the Accused Officer was released on bail. On 17.06.1997, all the material objects and documents were forwarded to the Hon'ble Court. During the course of investigation, P.W.5 examined the relevant witnesses and got their statements recorded through the Magistrate under Section 164 of Cr.P.C. After receiving the sanction order and on completion of investigation, charge sheet was filed.

(3.) The learned Special Judge for A.C.B. Cases, Visakhapatnam, framed the following charges against the Accused Officer: