B.RAGHU KUMAR Vs. STATE OF ACB

JUDGEMENT

(1.) The appellant was convicted for the offence under Ss. 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a period of one year under both counts vide judgment in C.C.No.11 of 2003 dtd. 17/12/2007 passed by the Principal Special Judge for SPE and ACB Cases, Hyderabad.

(2.) Briefly, the case of the prosecution is that P.W.1/defacto complainant was working as Assistant Professor of Pediatrics, Andhra Medical College, Visakhapatnam. Earlier in the year 1999, he worked as an employee in the State Government Medical Services and even prior to that, he worked in Army Medical Corps at various places. According to the Government Rules, the Army service of P.W.1 had to be considered for fixing seniority in the A.P. Medical Services along with financial benefits. During May, 1999 P.W.1 applied for inclusion of his Army Service seniority in the State Government Services in the office of the Directorate of Health. The file was not processed. P.W.1 went to the Director, Medical Education on 26/11/1999 and on verification, he came to know that the appellant was dealing with Sec. E-11 where application was pending. When P.W.1 met the appellant, it was informed that there were some issues in the Tribunal relating to seniority. Since the appellant stated that Army Service Certificate was not available in the record, P.W.1 provided a copy of it. Then, the appellant demanded Rs.5,000.00 to process the application of P.W.1. P.W.1 gave an amount of Rs.100.00 or Rs.300.00However, having received the said amount, the appellant asked P.W.1 to come on the next day along with Rs.5,000.00 bribe.

(3.) P.W.1 then went to the ACB office on 27/11/1999 and lodged a written complaint Ex.P1. The DSP/P.W.6 received the complaint at 10.30 a.m and registered it at 11.30 a.m. On the same day, trap was arranged at 12.30 p.m. P.W.6 sent for two independent mediators, who are P.W.2 and another. In the presence of P.Ws.1, 2, 6 and other trap members, the formalities before proceeding to trap were completed in the office of ACB. Pre-trap proceedings are Ex.P2. The trap party left the office of the ACB at 1.30 p.m and went near the office of Director, Medical Education, Koti, Hyderabad. Both P.W.1/complainant and the independent mediator P.W.2 went into the office of the appellant. P.W.1 met the appellant and both P.W.1 and appellant came out and went towards canteen. P.W.2 stayed at a distance. The trap party members saw P.W.1 handing over currency notes to the appellant and having received the said amount, the appellant placed it in his pocket. P.W.2 having witnessed something being handed over by P.W.1 to appellant, relayed signal to the trap party indicating acceptance of bribe by the appellant. The DSP/P.W.6 and other trap party members went near the appellant and questioned about the bribe. Sodium carbonate solution test was conducted on both the hands of the appellant, which turned positive. Since several persons gathered at the scene, trap party shifted to office room of the appellant and proceedings continued. The statements of P.W.1 and appellant were recorded and the relevant documents were also seized. After conclusion of post-trap proceedings, same was drafted, which is Ex.P3. The investigation was then handed over by P.W.6 to P.W.7, who recorded the statements of P.Ws.1, 4 and others. Thereafter, charge sheet was filed, after receiving sanction order from the competent authority to prosecute the appellant.