R.BAL REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.378 of 2010 is preferred by A2 and Criminal Appeal No.395 of 2010 is preferred by A1. A1 and A2 were 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 three years each under both counts, vide judgment in C.C.No.17 of 2009 dtd. 26/2/2010 passed by the Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad. Since both the appeals arise out of the same judgment, both the appeals are heard together and disposed off by way of this Common Judgment.

(2.) Briefly, the case of the prosecution is that P.W.1, who is the defacto complainant approached the ACB and filed a complaint. In the said complaint, P.W.1 stated that he was running toddy shop at Malkajgiri and he was also President of Toddy Tappers Cooperative Society, Malkajgiri. He renewed his licence and same was valid from 1/10/1996 to 30/9/2001. It is alleged that A1 who was working as Inspector and A2 as Sub-Inspector at Prohibition and Excise Station, Balanagar demanded Rs.70,000.00for his two shops, in order to not harass him by booking cases which would lead to cancellation of the licence.

(3.) It is alleged that on 26/12/2001, both the appellants visited toddy shop of P.W.1 and asked to pay the bribe amount of Rs.70,000.00. However, on repeated requests made by P.W.1, the bribe amount was reduced to Rs.40,000.00 and on the very same day, Rs.20,000.00 was paid. P.W.1 had promised to pay the remaining amount of Rs.20,000.00 on 27/12/2001 in the office of accused.