P. MADHAVA RAO Vs. STATE OF AP

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, 1988 and sentenced to undergo rigorous imprisonment for a period of three years under both counts, vide judgment in C.C.No.32 of 2008 dtd. 11/1/2011 passed by the Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the prosecution is that the appellant was working as Village Secretary. P.W.1/Defacto complainant was a mason resident of Thatikole village, Devarkonda Mandal. P.W.1 and his family members owned 58 acres of joint family property. The said land was surveyed by a private surveyor and the family members partitioned the land among themselves. An application was made to the MRO for the purpose of mutating the names of PW.1 and his family members in the revenue records and to issue pattadar pass books and title deeds for the said partitioned land. The said application was filed in the month of August, 2006. The MRO having received the application informed that the application of P.W.1 would be dealt with by the Village Secretary who is the appellant herein. On the instructions of the MRO, P.W.1 met the appellant and when requested to issue pass books in the name of P.W.1 and other family members with respect to their portions of the land, appellant demanded Rs.10,000.00 for issuing passbooks. Though, P.W.1 met the appellant several times, the appellant insisted to pay the bribe amount, failing which, their work would not be attended.

(3.) On 2/2/2007 again P.W.1 met the appellant in his office in Deverakonda. The appellant insisted for paying Rs.10,000.00. However, reduced the bribe amount to Rs.8,000.00. P.W.1 went to the DSP, ACB with the grievance of appellant's demand for bribe and lodged Ex.P1 complaint on 3/2/2007. Having received the complaint, DSP asked P.W.1 to come on 5/2/2007 on which date trap was arranged.