MOHD ABDUL KHALIQUE Vs. STATE OF A.P

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 (for short "the Act of 1988") and sentenced to undergo rigorous imprisonment for a period of one year under both counts. Aggrieved by the said conviction, present appeal is preferred.

(2.) Briefly, the case of the prosecution is that the defacto complainant/P.W.1 was running a sawmill and timber depot namely Vinayaka Sawmill and Timber Depot. His licence expired on 31/12/2002 as such, he submitted application (Ex.P2) along with challan (Ex.P3) for renewal on 1/1/2003 addressed to the Divisional Forest Officer (DFO). His licence was not renewed till 10/3/2003, as such, he met the appellant, who was working as Forest Range Officer (FRO). The appellant allegedly demanded Rs.10,000.00 for processing the file and also informed that SubDivisional Forest Officer (SDFO)-P.W.4 had made remarks in the application. On 23/3/2003, P.W.1 again met the appellant for forwarding the renewal application for licence. However, the amount was again demanded. Four days thereafter i.e., on 27/3/2003 when P.W.1 met appellant, P.W.1 was asked to pay an amount of Rs.5,000.00 initially and thereafter Rs.5,000.00 after renewal.

(3.) Vexed by the continuous demand of bribe, P.W.1 lodged Ex.P4 complaint with the DSP namely P.Umakanth Reddy (died prior to trial). The trap was arranged on 29/3/2003. The trap party including P.W.1, independent mediators, DSP, Inspector and others gathered in the office of DSP around 3.00 p.m. All the formalities that were required to be completed before proceeding to trial were completed. The said proceedings were drafted as Ex.P9 first mediators report.