K. NARASAPPA Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant/Accused Officer (AO) was convicted for the offence under Sec. 7 Sec. 13(1)(d) punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of two years under each count vide judgment in C.C.No.11 of 2004 dtd. 7/11/2008, passed by the Additional 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 the defacto complainant/PW.1 filed a complaint on 16/3/2003 at 10.30 a.m before the DSP-ACB, Hyderabad. According to the complainant, his elder sister's marriage was performed 16 years prior to the incident and for the reason of harassing her physically and mentally for additional dowry, a complaint was lodged in Chengomul Police Station on 7/11/2002. In the said complaint, the appellant who was the Sub-Inspector of Police of the said police station, arrested only the husband i.e., husband of her sister and did not send other accused to Court. For the said reason, the defacto complainant met the appellant and requested to take action. He also met the Superintendent of Police, who directed the appellant to take action in accordance with law. However, when the defacto complainant met the appellant, the appellant demanded an amount of Rs.10,000.00 for arresting the remaining accused. However after pleading, the bribe amount was reduced to Rs.5,000.00 for arresting the accused. The said complaint to ACB was filed on 16/3/2003, which was registered on 17/3/2003 at 8.15 a.m and the trap was arranged on the said day.

(3.) P.W.1-complainant, P.W.4- independent mediator, P.W.7 the Trap Laying Officer/DSP and others formed the trap party. The DSP- PW.7 in the presence of the mediators conducted the pre-trap proceedings in the ACB office at Hyderabad and concluded at 9.30 a.m. The trap party proceeded to the police station and reached the Police Station at 10.00 a.m. Since the appellant was not found in the police station the trap party waited till his arrival. Thereafter P.W.1 and accompanying witness P.W.3 went into the police station and when the appellant demanded and accepted the bribe amount of Rs.5,000.00, they came out of the police station and gave the pre-arranged signal to indicate acceptance of bribe by the appellant. The DSP and other trap party members entered into the police station. P.Ws.1 and 3 informed DSP that they paid amount of Rs.5,000.00 to the appellant and having accepted the amount, put it in the right side pant pocket. The DSP conducted sodium carbonate solution test on the hands of the appellant, they turned positive. The said amount was produced from the pant pocket of the appellant.