T. RAJESHWAR Vs. STATE

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") and sentenced to undergo one year under each count vide judgment in Calendar Case No.40 of 2002, dtd. 27/4/2007 passed by the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad for demanding and accepting bribe of Rs.1,000.00from the de facto complainant/P.W.1. Aggrieved by the same, the present appeal is filed.

(2.) Briefly stated the case of the prosecution is that P.W.1 is the defacto complainant who is Proprietor of Bharat Radiators. He applied for APGST registration vide Ex.P1 in the office of the Assistant Commercial Tax Officer (ACTO) on 12/10/2000. On 16/10/2000, P.W.1 received notice from the ACTO asking him to file Rs.2,000.00 National Saving Certificate, property particulars etc. and after receiving the said notice, P.W.1 submitted proper documents under ExP3 to the appellant.

(3.) On 27/11/2000, PW.1 went to the office and met the appellant and enquired about the registration certificate, for which, the appellant demanded an amount of Rs.2,000.00 to be paid as bribe. However, on repeated requests made by P.W.1, the amount was reduced to Rs.1,000.00. The appellant further informed that P.W.1 had to pay the said amount of Rs.1,000.00 and take the registration certificate.