SOMA RAGHAVENDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant aggrieved by the conviction recorded by the Principal Special Judge for SPE and ACB Cases, City Civil Court at Hyderabad for the offences under Ss. 7 and Sec. 13(1)(d) r/w 13(2) of the Act of 1988 of the Prevention of Corruption Act, 1988 (for short 'the Act of 1988') and sentenced to undergo rigorous imprisonment for a period of one year under both counts vide judgment in CC No.14 of 2005 dtd. 29/12/2009, the present appeal is filed.

(2.) Briefly, the case of the defacto complainant/P.W.1 is that he was sub-contractor of P.W.4, who secured the contract for laying road from Ramagudem to Pandavarigudem with the R and B Department. The agreement in between P.W.4 and R and B is Ex.P9. The said work had to be completed within 2 months from the date of agreement. P.W.4 was unable to execute the work and handed it over to P.W.1. Accordingly, P.W.1 completed work within stipulated time having invested money for completion of the work. The appellant was the concerned Assistant Engineer who recoded measurements in the M Book. P.W.1 was given an amount of Rs.2.00 lakhs and also 34 tons of rice towards part payment of the contract. According to P.W.1, he was yet to receive an amount of Rs.1.00 lakh and 19 tons of rice.

(3.) For the reason of settling his outstanding payment from the department, P.W.1 approached the appellant on 20/7/2003 requesting him to prepare the bills for the remaining amount. The appellant demanded Rs.30,000.00 towards bribe and when requested, the said amount was reduced to Rs.20,000.00.