G. VEERAIAH Vs. STATE OF AP

JUDGEMENT

(1.) Since both the appeals are arising out of C.C.No. 40 of 2003, wherein A1 filed Crl.A.No.484 of 2008 and A2 filed Crl.A.No.428 of 2008, they are being heard together and disposed off by way of this Common Judgment.

(2.) For the sake of convenience, the appellants will be referred to as Accused Officers 1 and 2. Accused No. 1 (AO1) was the then Circle Inspector of Police and Accused No. 2 (AO2), was the then Sub- Inspector of Police working in the Dubbak Police Station. According to ACB, P.W.1/de facto complainant approached ACB and lodged complaint Ex.P15 on 4/2/2008, stating that his minor daughter was kidnapped. Accordingly, he gave application before Dubbak Police Station. A.O.2 did not take any action even though Rs.1000.00 was paid and there was no progress in the investigation. P.W.1 went around the police station several times, however, no attempts were made by the Accused Officers to trace out the daughter of P.W.1. PW.1 also approached the Officer on Special Duty and narrated his grievance. She asked P.W.1 to meet AO1. However, A.O.1 demanded an amount of Rs.50,000.00 for the purpose of money to be spent on searching his daughter. PW.1 borrowed Rs.5,000.00 from P.W.2 and gave it to A.O.1. The daughter of P.W.1 was later traced and sent for medical examination. On 4/5/2002, A.O.1 counselled the boy with the whom P.W.1s daughter eloped and advised to get them married after one year. Thereafter, A.O.1 insisted for remaining amount of Rs.40,000.00 to be paid, failing which naxalite cases, will be framed against PW1. A.O.2 also called PW1 and demanded bribe amount. When P.W.1 informed that he had already paid Rs.5,000.00 to A.O.1, A.O.2 insisted that Rs.5,000.00 should also be paid to him. On 15/5/2002 after several attempts finally accused officers stated that Rs.10,000.00has to be paid to A.O.1 by the next day or day after and Rs.5,000.00 to A.O.2. Aggrieved by the said demands of A.O.1 and A.O.2, the present complaint was filed.

(3.) On the basis of the complaint, the ACB laid a trap against accused officers on 16/5/2002 and the proceedings started at the 6.15 a.m on the said date. The 1st mediators report Ex.P4 was drafted and the amount meant to be paid as bribe that is Rs.10,000.00 to A.O.1, Rs.5,000.00 to A.O.2 were separately put in the Baniyan pocket of P.W.1. Thereafter, around 8.30 a.m, after completing all formalities, the trap party started from ACB office which included P.Ws.1, 2, 3, 9 and 10. They reached the police station around 10.45 a.m. P.W.1 and P.W.2 went inside the police station around 11.00 A.M. Around 11.30 A.M, both P.Ws.1 and 2 came out from the main gate and gave pre-arranged signal as instructed by the DSP.