BORKUT MALLAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant who worked as Assistant Executive Engineer in Panchayat Raj Department, Asifabad, was trapped for demanding and accepting bribe of Rs.10,000.00 from the defacto complainant/P.W.1. Appellant was convicted by the Principal Special Judge for SPE & ACB Cases at Hyderabad, under Ss. 7 & 13(1)(d) r/w 13(2) of the Prevention of Corruption Act vide judgment in C.C.No.9 of 2005 dtd. 12/7/2010. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the prosecution is that the defacto complainant/P.W.1 was Mandal Parishad Territorial Constituency (MPTC) member, who was awarded three contracts for laying metal roads. Having entered into agreement with department, work orders were issued and accordingly he completed works within time. The roads were laid under the food for work programme. The wages would include distribution of rice which would be released by issuing rice coupons by the appellant within his jurisdiction.

(3.) It is further the case of P.W.1 that the appellant had to release total extent of 80 quintals of rice and when asked to release rice, appellant demanded Rs.14,000.00 as bribe and later reduced the bribe amount to Rs.10,000.00 when pleaded his incapacity to give such amount. The said demand for bribe was again made on 5/3/2003. Aggrieved by the constant demand, Ex.P4 written complaint was filed by P.W.1 with P.W.6/DSP on 6/3/2003. P.W.6 asked P.W.1 to come to his office on the next day.