M. SUDERSHAN Vs. STATE ACB, KARIMNAGAR RANGE

JUDGEMENT

(1.) The appellant who was working as Assistant Engineer was entrapped by the ACB for the reason of accepting an amount of Rs.4,000.00 from P.W.1/complainant for putting up file pertaining to the complainant with regard to return of his EMD of Rs.11,000.00. Learned Principal Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad found the appellant guilty and convicted him for the offence under Ss. 7 and Sec. 13(1)(d) punishable under Sec. 13(2) of the Prevention of Corruption Act vide judgment in C.C.No.51 of 2003 dtd. 29/9/2007. Aggrieved by the said conviction, present appeal is filed.

(2.) The case of P.W.1 is that in the month of January, 2001, civil contract was granted for construction of community shelter at Ibrahimpatnam by the office of the Executive Engineer, Pachayat Raj and he completed the work within six months. Final bill was also given in respect of the said works. P.W.1 made initial deposit of Earnest Money Deposit (EMD) of Rs.11,000.00, for which reason, an application under Ex.P11 was made for returning EMD.

(3.) On 14/2/2002, P.W.1 went to the office seeking return of EMD, when demand of Rs.5,000.00 was made by the appellant. The demand was reiterated on 27/2/2002. However, the bribe amount was reduced to Rs.4,000.00. On the next day i.e., on 28/2/2002, P.W.1 preferred complaint before the ACB authorities. On the basis of the complaint, after conducting preliminary enquiry, case was registered and trap was laid on 1/3/2002.