STATE Vs. SANGI LINGA RAJU

JUDGEMENT

(1.) This Criminal Appeal is filed by the ACB aggrieved by the acquittal of the respondents/A1 and A2 for the offence under Ss. 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act vide judgment in C.C.No.47 of 2010 dtd. 13/3/2013 passed by the II Additional Special Judge for SPE & ACB Cases, City Civil Courts, Hyderabad.

(2.) Briefly, the facts of the case are that Accused No.1/1st respondent (Sangi Linga Raj), served as a Senior Assistant in the Office of the Deputy Transport Commissioner & Secretary, Regional Transport Authority (SRTA), Karimnagar, from 9/9/2003 to 21/5/2005. Accused No.2/2nd respondent (Madasu Anjaneya Rao) is a private individual. PW1 lodged a Telugu written complaint stating that his father, Raja Mallu and his father's partner, A. Anjaneyulu, jointly purchased a Swaraj Tractor and Trailer with a loan of Rs.2,50,000.00 from Union Bank. PW1 used to maintain the Tractor and Trailer. PW1 paid Rs.6,500.00 to a transport broker, Kasthuri Laxman, RTA agent, for securing the registration certificate in the names of his father and his father's partner. However, the agent deceived him without completing the work. When PW1 started driving the tractor in Choppadandi Mandal without registration certificate, he was caught by the Assistant Motor Vehicle Inspector, who seized the Tractor and Trailer and kept them at Choppadandi PS.

(3.) On 30/4/2005, PW1 got the Tractor and Trailer released after paying the compounding fee at the RTA Office, Karimnagar. On 11/5/2005, PW1 submitted Ex.P2, an application for a registration certificate for the Tractor and Trailer, at the office of the Deputy Transport Commissioner & SRTA, where A1 was a Senior Assistant. During the submission of the application, A1 allegedly demanded Rs.1,000.00 for issuing the registration papers, in addition to the requisite fees of Rs.560.00 each for the Tractor and Trailer. PW1 paid Rs.1,000.00 via DD through a broker, and A1 informed him to collect the registration certificate after five days. On 19/5/2005, at 11:30 A.M, when PW1 met A1, A1 allegedly demanded an additional bribe of Rs.600.00 to deliver the registration certificate. PW1 informed his father and the partner, who advised him to file a case against A1. As PW1 was unwilling to pay the bribe, he approached PW5/DSP, ACB and lodged a complaint/Ex.P1 on 20/5/2005 at 10:30 AM before PW5. PW5, after verifying the complaint and obtaining permission from the competent authority, registered FIR Ex.P12 in Cr. No. 6/ACBKNR/2005 under Sec. 7 of the PC Act, 1988, at 10:00 AM on 21/5/2005 and initiated the investigation.