This Criminal Appeal arises out of the judgment in C.C.No.10 of 1995 dated 30.06.2005 passed by the Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad.

The first appellant-A.1 is the father of the second appellant-A.2. The first appellant was a Senior Checking Inspector in the Civil Supplies Department at the relevant time. PW.1 was a fair price shop dealer. The indictment was that A.1 demanded PW.1 an amount of Rs.300/-for doing official favour, received the same and was caught by the DSP, ACB and his team when a trap was laid against him. A case under Sections 7, 11, 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (for short ‘the Act’) against A.1 and under Section 12 of the Act against A.2 was filed. On being tried for the aforesaid offences, A.1 was convicted for the offences under Sections 7 and 13(1)(d) of the Act. He was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-, and further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, respectively for the said offences. Whereas A.2 was convicted for an offence under Section 12 of the Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-. The substantive sentences were directed to run concurrently. Challenging the said order of conviction and sentence, the appellants-A.1 and A.2 preferred the present Criminal Appeal.

Brief facts essential for considering the present appeal are as follows:

PW.1, Mr. T.R.Venkat, was a fair price shop dealer of shop No.908 situated at Padmaraonagar, Secunderabad and Mr.L.Veeroji (LW.2) was a dealer in kerosene shop No.9010 located at Venkatapuram Colony Padmaraonagar, Secunderabad. According to the prosecution, A.1 while working as a Senior Checking Inspector in the Civil Supplies Department, Hyderabad, who had jurisdiction over the fair price shop of PW.1, demanded an amount of Rs.300/-from him on the morning of 29.11.1993 at the fair price shop bearing No.908 situated at Padmaraonagar, Secunderabad as a gratification other than legal remuneration for showing official favour which was said to be for allowing the fair price shop to run smoothly and for not writing any adverse reports against PW.1. It is stated that PW.1, who was not willing to pay the bribe amount to A.1, approached PW.5, the then DSP, A.C.B., City range, Hyderabad, submitted a written complaint against A.1. After making discrete enquiries against A.1 and after obtaining permission from the DG, A.C.B., PW.5 registered a case in Rc.No.17/ACB-CR/93 under Sections 7, 11, 13(2) read with 13(1(d) and 12 of the Act and took up investigation. Along with PW.2 and other mediators, he laid a trap on 01.12.1993 at 7.00 A.M. with his team during the course of which it was said to have been revealed that, on the instructions of A.1, A.2 received an amount of Rs.300/-from PW.1 in the presence of PW.2, the mediator. Thereafter, on receiving the prearranged signal from PW.2, the trap party rushed to the venue of the trap and when questioned by PW.5, A.1 allegedly stated that PW.1 forcibly thrusted the amount into the shirt pocket of A.2. A.2 handed over the amount of Rs.400/-to PW.5 and the phenolphthalein-Sodium Corbonate reaction test was found to be positive in respect of an amount of Rs.300/-. After completing the formalities regarding the trap proceedings, PW.5 handed over the investigation to PW.6, the then Inspector of Police, City Range, Hyderabad who conducted the remaining part of investigation and filed the charge sheet against A.1 and A.2.

In the course of trial before the Special Judge for ACB Cases, the prosecution, in order to establish the guilt of the appellants, examined PWs.1 to 6, marked Exs.P.1 to P.13 and MOs.1 to 11. On behalf of the defence, no witnesses were examined and Exs.D.1 to D.6 were marked.

PW.1, Mr. T.R.Venkat, is the complainant. PW.2, Mr.M.Dayakar