Judgment

SIRPURKAR, J.

1. The present appeal is filed by the appellant- accused who was found guilty by the trial court for the offences punishable under Sections 7 and 13(1)((d) read with Section 13(2) of Prevention of Corruption Act (hereinafter referred to as "The Act").

2. The story of the prosecution in short is as under:-

The complainant had applied for loan for digging a community irrigation well in his land and for that purpose, he was sanctioned a loan of Rs. 23,400/-. The complainant was paid Rs. 19,240/- on furnishing evaluation certificates and the remaining balance was due. The accused-appellant, who was working as Mandal Development Officer, was dealing with the implementation of the scheme by allotting necessary amounts from time to time. It is the case of the complainant that when he approached the accused for the payment of the remaining amount and also for sanction for installing a electric motor near the well, the accused demanded Rs. 500/- as bribe. According to the complainant, this happened on 31.12.1993 at the office of accused. The complainant again approached the accused on 6.1.1994. However, the demand was again reiterated by accused. Therefore, on 11.1.1994 the complainant approached Superintendent of Police, Anti Corruption Bureau, Tirupati- PW9 and gave a report to this effect. Thereupon, PW-9 asked the complainant -PW1 to bring Rs. 500/- which were treated with phenolphthalein powder. Thereafter, the raiding party reached the office of accused at 4.50 p.m. However, up to 7.00 p.m. the accused was not found present in the office. Therefore, not finding the accused in his office, the raiding party returned to the office of PW9. The shirt in which the currency notes were kept was kept in the office of the Investigating Officer.

3. It is further the case of the complainant that next day on 12.1.1994, the raiding party started from the office of PW-9 at about 9 a.m. and reached the office of accused by 10.00 a.m.. On seeing the complainant, who alone went to the office of the accused, the accused asked him as to whether he has brought the bribe amount. On this, the complainant gave the money to accused who took the same with his right hand and kept the same in his right hip pocket. The complainant came out of the office and gave the agreed signal. On getting signal from complainant, raiding party immediately rushed towards the accused. They noticed accused also coming out of office room. PW9 then apprehended the accused. On disclosing the identity by PW9, the accused threw the currency notes in the open ground towards the public and shouted "take away, take away". When the right hand fingers and back side pocket were subjected to sodium carbonate test, the solution turned pink. Interestingly, the currency notes of Rs. 200/-found from the open space, which were claimed by the accused as his own, were returned to him by PW9.

4. Be that as it may, on this basis, the investigation started and a charge-sheet was filed against the accused. The accused claimed that he never demanded and had never accepted the bribe money.

5. The trial court did not accept the defence of the accused. He was convicted and sentenced for the offences punishable under Sections 7 and 13(1)((d) read with Section 13(2) of Prevention of Corruption Act The appeal against the conviction was also dismissed by the High Court. Hence, the appellant is before us.

6. Mr. S. Sunderavardhan, learned senior counsel appearing for the appellant very strenuously urged before us that this case is full of doubts. He points out that very strangely, there is nothing on record to corroborate as to what transpired between the accused and the complainant when the complainant allegedly approached the accused to give him the bribe. Learned counsel further points out that there is no evidence except that of the complainant to suggest that when the complainant approached the accused, he actually demanded the money and in pursuance to that demand, the complai