ATTHAR HUSSAIN Vs. STATE ACB, KARIMNAGAR RANGE

JUDGEMENT

(1.) The appellant/AO is convicted for the offence under Ss. 7 and Sec. 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short "the Act of 1988") and sentenced to undergo rigorous imprisonment for a period of one year under both counts, vide judgment in CC No.23 of 2002 dtd. 23/4/2007 passed by the Principal Special Judge for SPE and ACB Cases, City Civil Court at Hyderabad. Aggrieved by the same, the present appeal is filed.

(2.) Briefly, the case of the prosecution is that the defacto complainant/P.W.1 was Sarpanch of Kamole Village in Bhainsa Mandal, Adilabad District and the Grampanchayat passed resolution during March and April, 1999 for construction of slabs over side drains at Kumsara, Hamlet of Kamole village and other works at the cost of Rs.1,30,000.00. P.W.1 undertook and completed the works during the month of October, 1999 and approached the appellant for recording in M books. However, no such recording was done though P.W.1 went around office of the appellant several times. On 27/1/2000, P.W.1 again requested the appellant at Mandal Parishad Office and the appellant demanded an amount of Rs.15,000.00 to record in M books and reduced the said amount to Rs.10,000.00. P.W.1 lodged complaint Ex.P1 with the Inspector-P.W.9 on 1/2/2000. DSP-P.W.6 was also in Karimnagar ACB office on 1/2/2000. Having conducted preliminary enquiry, the trap was arranged on 3/2/2000 at Nirmal.

(3.) After registration of the crime, the trap party assembled in a lodge at Nirmal and after concluding the pre-trap proceedings drafted Ex.P7. The trap party went to the house of the appellant. While the other trap party members waited outside. P.Ws.1 and 2 entered into the house at 9.00 am and at 9.15 am P.W.2 came out and gave pre-arranged signal to the trap party to indicate that the bribe amount was passed on to the appellant.