S.K.YAKOOB Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.734 of 2007 was filed by A1 and Criminal Appeal No.735 of 2007 was filed by A2. A1 was convicted for the offences under Sec. 7 and Sec. 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a period of six months and one year, respectively under both counts. A2 was convicted under Sec. 12 of the Prevention of Corruption Act, 1988 and was sentenced to rigorous imprisonment for a period of six months vide judgment in C.C.No.19 of 2003 dtd. 4/6/2007 passed by the Principal Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad. Since both the appeals are filed questioning the very same judgment of Special Court, both the appeals are disposed off by way of this Common Judgment.

(2.) Briefly, the facts of the case are that A1 worked as Senior Assistant in RTA Office, Central Zone, Khairatabad and A2 was a registered RTA Agent. The defacto complainant is P.W.1. He lodged complaint with the ACB on 7/3/2001 at 10.30 a.m. According to P.W.1, he was authorized agent in the RTA. A licence was issued by the Joint Commissioner of RTA, Hyderabad, to render services as an agent in the RTA Office. P.W.1 applied for reassignment of lorry bearing No.KRZ 5936 on behalf of Kerala Transport Company. One P.K.Nair was the representative of the said transport company. The application, relevant papers and challan were handed over to A1 on 1/3/2001. Two days after giving application, P.W.1 met A1, who demanded Rs.500.00 as bribe for doing the work. Again on 5/3/2001, P.W.1 met A1 and asked him about the R.C.book, for which A1 demanded to pay bribe of Rs.500.00 for delivering the R.C book and asked P.W.1 to come on 7/3/2001 with the bribe amount.

(3.) On 7/3/2001, P.W.1 went to the ACB office and met DSP/P.W.5. P.W.1 lodged a written complaint Ex.P11. The said complaint was filed at 10.30 a.m and the trap was arranged within 2 1/2 hours i.e., at 1.00 p.m. P.W.5 arranged for independent witnesses, P.W.2 and another. The trap party including P.Ws.1, 2, 5 and others gathered in the ACB office at 2.00 p.m. P.W.2 namely Yadaiah was asked to accompany P.W.1 to the office of A1 to observe what transpires in between A1 and P.W.1.