IMPORTANT POINTS
(1) Acquittal – Death of complainant or non-availability of complainant at the time of trial could not be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused.
(2) Illegal gratification – If accused offers reasonable and probable explanation based on evidence that money was accepted by him other than as illegal gratification, benefit of doubt should be granted to accused.

JUDGMENT :

Bela M. Trivedi, J.

1. The original appellant P. Sarangapani son of Laxmaiah (accused no.1) having expired pending the present Appeal, his wife Paka Saroja was permitted to proceed further with the Appeal as per the order passed by the court on 31st August, 2023.

2. The instant Appeal is directed against the judgment and order dated 21st March, 2011 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No.54 of 2005, whereby the High Court had dismissed the Appeal filed by the appellant-accused no.1 and confirmed the judgment and order dated 06.01.2005 passed by the Principal Special Judge for SPE and ACB Cases-cum-IV Additional Chief Judge City Civil Court Hyderabad (hereinafter referred to as the Trial Court) in CC No.08 of 1994. The Trial Court had convicted the appellant accused no.1 P. Sarangapani for the offences under Section 7 and Section 13(1)(d)r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, the PC Act) and sentenced him to imprisonment for one year and pay a fine of Rs.1,000/- in default, to suffer Simple Imprisonment for three months for the offence under Section 7 and to suffer Rigorous Imprisonment for two years and pay a fine of Rs.2,000/- in default, to suffer Simple Imprisonment for six months for the offence under Section 13(1)(d)r/w 13(2) of the P.C. Act.

3. The chargesheet for the alleged offences was laid by the Investigating Officer, Deputy Superintendent of Police Shri P.L. Raju, Anti-Corruption Bureau, Warangal Range, Warangal against the appellant accused no.1 P. Sarangapani and one another accused P. Vasudev son of Mallaiah. The said accused P. Vasudev having expired pending trial, the appellant accused alone was tried by the Trial Court. The defacto-complainant Sri Immadi Laxmaiah also had expired prior to commencement of the trial and therefore he could not be examined by the prosecution.

4. The case of prosecution in nutshell was that the appellant accused Sri Sarangapani while discharging his duty as the Sub Registrar, Cooperative Societies had demanded and accepted a sum of Rs.1500/- as gratification other then legal remuneration from the defacto-complainant Sri Immadi Laxmaiah on 27.03.1993, for himself and for the accused no.2 P. Vasudev, the Deputy Registrar Cooperative Societies in the office of Divisional Cooperative Khammam, as a motive or reward for showing an official favour, in allowing the complainant to continue as the President of the Society, and thereby both the accused had committed the offence under Section 7 and Section 13(1)(d)r/w 13(2) of the PC Act.

5. To prove the charges levelled against the appellant-accused, the prosecution had examined PW-1 Shri Dana Pullaiah to prove the contents of the RC No.1496/92-C. The PW-2 Sri M. Laxmi Narsu, one of the mediators (panch witness) working as Agricultural Officer, in the office of Joint Director Agriculture Khammam was examined to prove the pre-trap and post-trap proceedings. The PW-3 Sri K.L.N. Krishna Kumar was examined to prove the Sanction orders relating to the accused, accorded by the then Secretary of Agriculture Cooperative – II Department. The PW-4 was Sri B. Pulla Reddy, working as the President of Lachannagudem Village, who succeeded the Vice President of the society, on the previous Vice President B. Pulla Reddy having been suspended. The PW-5 was Sri V. Vengalaiah, Inspector of Police ACB, a member of raiding party; and lastly PW-6 Sri P.L. Raju, the then DSP Warangal Range, was examined as he was the trap laying officer cum investigating officer. The prosecution had also adduced documentary evidence in support of its case.

6. On the closure of prosecution evidence, the appellant-accused P. Sarangapani was examined under Section 313 of Cr.P.C, wherein he had denied the allegations levelled against him and had stated that he was falsely implicated. He also had filed a written statement contending inter alia that he never demanded and accepted any illegal gratification from the compl