MOHD. RAHAMATH ALI Vs. STATE

JUDGEMENT

(1.) The appellant was convicted for the offences under Ss. 7 and Sec. 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and sentenced to rigorous imprisonment for a period of six months and one year respectively, vide judgment in C.C.No.30 of 2005 dtd. 23/3/2010 passed by the Principal Special Judge for SPE and ACB Cases, Hyderabad. Aggrieved by the conviction, present appeal is filed.

(2.) Briefly, the case of the prosecution is that P.W.1/Sri Mekala Narasimhulu filed Ex.P1 application in the office of MRO for issuance of birth certificate of his son on 20/10/2003 along with a notarized affidavit Ex.P2 by P.W.4-T.Vishwanatham, Advocate-cum- Notary at Sanga Reddy. The same was forwarded to P.W.5-Abdul Sathar, Mandal Revenue Inspector. He enquired and submitted the report on the same day and handed over Exs.P1 and P2 along with report Ex.P6 (a) dtd. 20/10/2003 to P.W.1 to handover the same to the appellant-Junior Assistant, who was dealing with the preparation of Birth Certificates.

(3.) It is alleged by the prosecution that when P.W.1 met the appellant, he demanded Rs.500.00 for processing and forwarding the application for issuance of Birth Certificate of the son of P.W.1. When P.W.1 expressed his inability, the appellant reduced the same to Rs.300.00 and informed P.W.1 that he would process the application and forward only after receipt of Rs.300.00 as demanded by him. It is further alleged that on 29/10/2003, P.W.1 met the appellant in the office and requested for processing and forwarding the application of P.W.1. Appellant reiterated his earlier demand and directed P.W.1 to pay the amount on 30/10/2003.