MADDU VEERA REDDY Vs. STATE

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of two years and also fine of Rs.1000.00 under both counts, in default to undergo simple imprisonment for a period of three months vide judgment in C.C.No.38 of 2005 dtd. 29/12/2009 passed by the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad.

(2.) Briefly, the case of the prosecution is that the appellant was working as a Constable in Chandhurthy Police Station, Karimnagar District. P.W.1/Defacto complainant, his father/P.W.2 and brother/P.W.3 were having disputes with one Bhoomaiah, who is the uncle of P.W.1. A complaint was lodged by P.Devaiah against P.Ws.1 to 3 for intervening in the altercation that happened in between the said Devaiah and Bhoomaiah. On the basis of the said incident that happened on 10/12/2003, petty case was booked against P.Ws.1 to 3. P.Ws.1 to 3 were appearing before the Court. On 21/1/2004, when they appeared, it is alleged that the appellant demanded to pay Rs.2,000.00 to see to that nothing adverse would happen in the case, failing which, they would have to face dire consequences in the case. Aggrieved by the said threats and demand of bribe, P.W.1 approached ACB authorities on 6/2/2004 and filed a complaint.

(3.) On the basis of the complaint, trap was arranged on 7/2/2004 on which date, the case of P.Ws.1 to 3 stands posted before the Magistrate. On 7/2/2004 in the presence of complainant, mediators and the DSP, pre-trap proceedings were conducted under Ex.P5. Thereafter, trap party members proceeded to the JFCM Court at Sircilla. P.Ws.1 to 3 went inside the Court premises and came out around 12.15 p.m along with the appellant. At that juncture, P.W.1 conveyed the signal to the trap party regarding acceptance of bribe by the appellant. Immediately, the trap party accosted the appellant and conducted tests on the hands of the appellant, which proved positive. Accordingly, proceedings were concluded and Ex.P7 post trap proceedings were drafted near the Court premises.