judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a learned Single judge of the Andhra Pradesh High Court upholding the conviction of the appellant punishable under Section 7 of the Prevention of Corruption Act, 1988 (in short the ‘Act’). The appellant had faced trial along with another accused and for the sake of convenience he is described as A-2 hereinafter. Both the accused persons were convicted for the offence punishable under Section 7 of the Act and sentenced to undergo rigorous imprisonment of one year each and to pay a fine of Rs.1,000/- with default stipulation. They were, however, acquitted of the other charges.

3.Sans unnecessary details, the prosecution version as unfolded during trial is as follows :

A-1 worked as an Excise Sub Inspector, at Mydukur, Cuddapah District and A-2 worked as a Home Guard. PW.1 is the de facto complainant. His father by name Subba Reddy was running a wine shop at Mydukur known as “Eswara Wines” since 1987. PW.1 obtained a license to run another wine shop known as “New Eswara Wines” and was running the said wine shop. He was assisting his father in the said business. On 7.2.1988 the enforcement wing of the Excise Department raided the shop of his father in his presence. The raiding party found some stock without license. A case was registered against PW.1 and his father and it ended in conviction in April, 1994. They preferred an appeal and it was pending at the relevant point of time. On 27.4.1994 the Excise Superintendent issued a show cause notice to PW-1 for cancellation of license issued in his favour. On 3.5.1994 A.1 sealed his shop pursuant to the directions of the Excise Superintendent. On 4.5.1994 PW-1 sent Ex.P4 reply, which was received by the Excise Superintendent under Ex.P5 acknowledgement. Subsequently, PW.1 filed W.P. No. 9460 of 1994 before the High Court seeking a direction for the release of the stock seized by A.1 from his shop known as “New Eswara Wines”. The High Court passed an order on 11.5.1994 in W.P.M.P. No. 11535 of 1994, in favour of PW. 1, directing the excise officials to release the seized stocks. On 15.5.1994 PW.1 approached the Superintendent of Excise along with the order of the High Court for the release of the stock. On the same day, the Excise Superintendent directed A.1 to open the seal of the shop and handover the stock to PW.1. PW.1 approached A-1 to remove the seals and to open the doors of the shop. At that time A-1 demanded Rs. 5,000/- towards bribe for opening the seals and when PW.1 expressed his inability, A.1 reduced the amount to Rs.3,000/-. Though A.1 opened the shop by removing seals, he refused to give the stock register unless and until the bribe of Rs.3,000/- is paid. PW.1, who had no inclination to pay the bribe to A.1, preferred Ex.P-10 complaint to Anti Corruption Bureau (for short ‘ACB’) officials on 16.5.1994. On the same day, PW.7 and members of the trap party reached the office of A-1 at about 5.00 p.m. Immediately, PWs. 1 and 2 went to A.1. When A-1 demanded the bribe, PW.1 told him that the money was ready, but A-1 told him to come on the next day i.e. 17.5.1994 and further told that in case he goes for checking of shops, the amount may be paid to A.2, i.e. the present appellant. On the next day i.e. 17.4.1994 at about 11.30 a.m. PW-1 met PW-2 enquiring about A-l and A-2 came and asked PW-1 to give the bribe of Rs. 3,000/- as demanded by A-l. Accordingly, PW-1 paid the amount to A.2. A.2 counted the notes, kept the amount in his left pocket. Subsequently, the amount was recovered from A-2 and the phenolphthalein test conducted on the fingers of both the hands and the left pant pocket of A-2 proved positive. PW-8 after completion of investigation laid the charge sheet. Charges were framed. Appellant denied the charges and claimed for trial.

4.The prosecution in order to establish the guilt of the accused persons examined 8 witnesses and marked 23 documents and produced 9 m