S. VAIDEHAMMA Vs. STATE

JUDGEMENT

(1.) The appellant/Accused Officer(AO) was convicted for the offence under Sec. 7 of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.500.00, in default to pay fine amount, to undergo Simple Imprisonment for one month and also sentenced to undergo rigorous imprisonment for one year for the charge under Sec. 13(1)(d) punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988, and also to pay fine of Rs.500.00 and in default, to undergo Simple Imprisonment for one month vide judgment in C.C.No.10 of 2004 dtd. 6/12/2007, passed by the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. Aggrieved by the same, present appeal is filed.

(2.) The case of the prosecution is that P.W.1 was a retired Head Constable of Government Railway Police (GRP). The bills relating to his retirement benefits, leave encashment and gratuity were sent to the Pay and Accounts Office(PAO) where the appellant was working as Auditor, from the GRP office. According to the complainant/PW1, he met and enquired with Sona Babu in the office of GRP who asked P.W.1 to personally pursue with the Pay and Accounts Office to receive payments. Accordingly, P.W.1 met the Appellant and she asked P.W.1 to meet him on 24/6/2000. When P.W.1 met the Appellant on 24/6/2000, she demanded an amount of Rs.1,500.00 for passing his bills which were about Rs.1,50,000.00. Though, P.W.1 expressed his inability to pay the amount, the appellant insisted, for which reason, P.W.1 approached the ACB and met P.W.10, DSP, on 26/6/2000 and narrated his grievance which was taken down in writing in ACB office and registered as Ex.P1.

(3.) The trap was laid on 27/6/2000. On 27/6/2000, DSP- P.W.10 sent for two mediators P.W.2 who acted as accompanying witnesscum-mediator and another person namely Sri V.Krupakar Reddy. In the office of ACB, the pre-trap proceedings were drafted in the presence of the trap party. P.W.1 was asked regarding the demand of bribe and after producing the bribe amount, they were smeared with phenolphthalein powder. The phenolphthalein test was shown to the complainant and other trap party members and DSP/PW10 informed that if anyone comes into contact with the tainted currency notes, the contacted portion when tested with sodium carbonate solution would yield pink colour. The pre-trap proceedings Ex.P2 was drafted at 11.00 a.m and the trap party proceeded to the office of the Pay and Accounts, where the Accused Officer was working as Auditor. P.W.1 was asked to handover the bribe amount only on demand and not otherwise. In the event of the amount being demanded and accepted, the same should be intimated to the trap party by relaying a signal.