THOKARA SURENDER KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant, who was working as Deputy Engineer, Panchayat Raj was convicted for demanding and accepting bribe of Rs.4,000.00 for the offence under Ss. 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2,500.00, in default, to suffer simple imprisonment for a period of six months under both counts, vide judgment in C.C.No.2 of 2003, dtd. 9/2/2007 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 witnesses 1 and 2 and 20 others are the labourers for the work of laying of internal road of Jogigudem. Government sanctioned Rs.1,59,000.00 under Food for Work Programme. The allegation is that Rs.76,000.00 worth rice coupons were issued. However, Rs.39,000.00 rice coupons were kept pending. When the labourers who are examined as P.Ws.1 and 2 met the appellant, the appellant informed that he would check the measurement of the work done and also demanded an amount of Rs.5,000.00 and later reduced to Rs.4,000.00 for giving remaining rice coupons.

(3.) The said demand was again made when P.Ws.1 and 2 met the appellant on 26/1/2002. Amount had to be paid in his house on 3/2/2002. On 2/2/2002 at 11.00 a.m, P.W.1 filed a complaint which was registered by P.W.5 after verifying the antecedents and genuineness of the complaint. The trap was arranged on the next day i.e., 3/2/2002. On the said date, P.W.5 secured the presence of P.W.3 and another independent mediator. Pre-trap proceedings were conducted at 6.00 a.m in the morning. After concluding the pre-trap proceedings, the trap party went near the house of the appellant. While the DSP and other trap party members stayed outside, P.Ws.1 and 2 went inside the house of appellant on the instructions of P.W.5-DSP. Thereafter, P.W.2 came out from the house and gave pre-arranged signal indicating acceptance of bribe.