CHANDRAGIRI YELLAIAH Vs. STATE ACB, HYDERABAD RANGE

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 one year under both counts vide judgment in C.C.No.26 of 2007 dtd. 30/4/2009 passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. Learned Special Judge found him guilty for demanding and accepting bribe of Rs.4,000.00.

(2.) Briefly, the case of P.W.1 is that he inherited Acs.3.10 guntas of land at Adibatla village after the properties were shared amongst four brothers. Since partition was done, for the purpose of fixing boundaries to his property, P.W.1, who is the complainant approached the MRO office on 30/8/2006 and submitted an application Ex.P2 along with challan Ex.P3. MRO/P.W.5 endorsed on the said application Ex.P3 as "Surveyor, pl get it surveyed urgently". The appellant did not give any receipt on that day but asked PW1 to take photocopy of the application which is with the endorsement of the MRO. Appellant demanded an amount of Rs.5,000.00 for the purpose of giving notice to other pattadars and to do survey. Again P.W.1 met the appellant on 11/9/2006 and the appellant insisted on the bribe, however, reduced the bribe amount to Rs.4,000.00.

(3.) Aggrieved by the persistent demand of bribe by the appellant, P.W.1 approached the ACB authorities, after drafting complaint Ex.P1 with the help of his son. Having received the complaint on 11/9/2006, P.W.1 was asked to come on 13/9/2006 with the bribe amount. The proceedings started at 7.00 a.m on 13/9/2006 and the formalities before proceeding to lay a trap were followed by the DSP in the presence of the other trap party members. Ex.P5 pre-trap proceedings were drafted before proceeding to the office of the MRO to handover bribe when demanded by the appellant.