D.RAVINDRA BABU Vs. STATE ACB

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 one year and to pay fine of Rs.2,500.00, in default to pay fine amount, to undergo Simple Imprisonment for three months 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.2,500.00 and in default, to undergo Simple Imprisonment for three months vide judgment in C.C.No.6 of 2004 dtd. 14/8/2008, passed by the Principal Special Judge for SPE and 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 is the proprietor of M/s.United Seeds, Hyderguda and obtained licence for running his shop from the agriculture office. The said license is renewable every three years. Since the license expired on 23/11/2002, P.W.1 approached the office of the accused officer and filed challan. However, he did not get the renewal license for which reason, he approached the office of the Assistant Director and enquired with the accused officer regarding renewal of licence. The accused officer informed that he should get the NSC bond for Rs.500.00 and also undertaking letter. On 24/6/2003, P.W.1 gave the renewal application along with the said documents.

(3.) On 26/6/2003 when P.W.1 met the accused officer regarding his license, the accused officer asked him to file his application once again in the office of the Joint Director of Agriculture. Though he submitted an application in the said office, he did not receive any communication, for which reason on 24/7/2003, P.W.1 met the accused officer, who demanded an amount of Rs.10,000.00 for processing the file. On 30/7/2003 again P.W.1 called and enquired the accused officer regarding his license. The accused officer asked him to meet him at 4.15 p.m. On the same day, the accused officer questioned whether he had brought the bribe amount. The accused officer asked PW1 to get Rs.5,000.00 on 1/8/2003 and remaining Rs.5,000.00 after issuance of license. Aggrieved by the repeated going around the office for renewal of license and the accused officer demanding bribe, P.W.1 lodged complaint Ex.P1 with the ACB on 30/7/2003.