KRISHNAIAH Vs. STATE

JUDGEMENT

(1.) The appellant is A1 and A2 (acquitted) both were tried for the offences under Ss. 7 and Sec. 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and the appellant/A1 was convicted and sentenced to rigorous imprisonment for a period of two years under each count vide judgment in C.C.No.22 of 2006 dtd. 30/11/2009 passed by the Additional Special Judge for SPE and ACB Cases, Hyderabad. A1 filed the present appeal aggrieved by the conviction.

(2.) Briefly, the case of the prosecution is that P.W.1/defacto complainant lodged complaint on 5/8/2004, which is Ex.P1. In the said complaint, he narrated that his father purchased a plot of 105 sq.yds at Bagh Ameer, Kukatpally and wanted to obtain permission for construction of house from the Municipality, Kukatpally. Further for applying bank loan, a copy of the sale deed, link documents and certificate from the concerned MRO that the land falls under 'Gramakantam' had to be provided. On 29/7/2004, application was filed by P.W.1 in the MRO office on behalf of his father for issuance of certificate. The M.R.O signed on the application and directed it to be handed over to the appellant, who was then working as Senior Assistant in the office of the M.R.O. Accordingly, A1 demanded an amount of Rs.10,000.00 to be paid as bribe for issuing the said certificate. Again on 5/8/2004, P.W.1 met A1 at M.R.O office and requested to issue certificate, however, A1 insisted for payment of bribe. On repeated requests, the amount of bribe was reduced to Rs.8,000.00. A1 also showed that the certificate was already prepared and signed by the M.R.O. However, A1 kept the certificate with him asking P.W.1 to get the amount of Rs.8,000.00 and after payment, the certificate would be handed over.

(3.) P.W.1 then approached the ACB on the same day i.e., 5/8/2004 and filed typed complaint Ex.P1 at 2.10 p.m. The DSP/ACB-P.W.8 received the complaint and arranged for the trap on the next day i.e., on 6/8/2004.