GULAM MOHAMMED Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is convicted for the offence under Ss. 7 and also under Sec. 13 (1) (d) punishable under Sec. 13 (2) of the Prevention of Corruption Act, 1988 (for short "the Act of 1988") vide judgment in Calendar Case No.3 of 2003, dtd. 13/8/2007 passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad and sentenced to undergo RI for two years and to pay fine of Rs.2,000.00, in default, to suffer SI for six months, under each count. Aggrieved by the same, the present appeal is filed.

(2.) The case of the ACB is that the de facto complainant/P.W.1 had land to the extent of Acs.3.15 guntas in Sy.No.473 at Pillamarri village, Suryapet Mandal, Nalgonda District. Since no boundary stones were fixed around the land, the husband of P.W.1 submitted an application in the MRO office at Suryapet by paying the requisite fee for demarcation of her land. The accused officer went to the said land 3 months prior to the complaint but did not conduct any survey. On 3/7/2000, when requested to conduct survey, the accused officer demanded bribe of Rs.25,000.00failing which he refused to survey and demarcate her land. In spite of several requests accused officer did not yield and finally directed that he would come to the house of P.W.1 on Monday morning at 11.00 a.m on 10/7/2000 and then an amount of Rs.10,000.00 has to be paid and the remaining Rs.15,000.00 has to be paid after concluding survey. Aggrieved by the demand and not willing to pay the bribe, the husband of P.W.1 approached the ACB authorities and filed complaint Ex.P3. Ex.P1 is her signature on the complaint Ex.P3.

(3.) The ACB formed a trap party for entrapping AO at the house of P.W.1. Prior to proceeding for the trap, the complaint was registered as FIR under Ex.P11.