1. This criminal appeal is preferred by the accused aggrieved by the conviction and sentence passed by the Additional Special Judge for S.P.E and A.C.B Cases, City Civil Court, Hyderabad in his judgment dated 26.09.2005 in C.C.No.14 of 2000 whereunder the learned judge sentenced him to undergo Rigorous Imprisonment for a period of two (2) years and to pay fine of Rs.1,000/- on two counts for the offences under Section 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short “P.C. Act”).

2. The facts led to file the present appeal are succinctly thus:

a) The accused worked as a Mandal Revenue Inspector, Kothapalli Mandal in Kurnool District. The prosecution case is that the family of PW.1 purchased land in S.No.880/B admeasuring Ac.5-40cents situated in Dudyala Revenue Village from one Boya Laxmaiah of M. Lingampally village and they have been in possession and enjoyment of the same. During the year 1977 when the grandsons of Boya Laxmaiah applied for pattadar pass book in respect of the land sold away by Boya Laxmaiah ignoring the sale, PW.1 met the accused at his office on 24.08.1998 and requested to issue pattadar pass book in the name of his father, brother and himself for the land purchased by them. The accused asked PW.1 to meet him at his residence at Atmakur. When PW.1 met him at his residence on 25.08.1998, the accused demanded illegal gratification of Rs.5,000/- from PW.1 to do official favour i.e., making necessary enquiry and submitting favourable report to M.R.O for issuance of pattadar pass book to PW.1. On that day, it is alleged, the accused demanded and accepted Rs.1,000/- as a part payment of bribe. On 29.08.1998, the accused visited M. Lingampally village and enquired neighbouring land owners about the disputed land and at that time, he again demanded and accepted Rs.2,000/- as further part payment. The accused directed PW.1 to pay the balance bribe amount within a week as otherwise he would not submit his report in their favour. Unwilling to pay bribe, PW.1 lodged Ex.P.1 complaint with PW.10, the Inspector of Police, A.C.B on 03.09.1998 which was registered as case in Crime No.6/ACB/KUR/98. On 04.09.1998, PW.10 laid trap against accused with the help of mediators. On 04.09.1998, PW.1 approached the residence of accused at Atmakur at about 8:35 am. The accused demanded and accepted the tainted currency of Rs.2000/- from PW.1. When fingers of his both hands were subjected to sodium carbonate solution test, they yielded positive result. The tainted currency of Rs.2000/-was recovered from the possession of the accused at the instance of accused from a black rexine handbag. On completion of formalities and obtaining sanction from the Government, the Investigating Officer filed charge sheet against the accused under Section 7 and 13(1) (d) read with 13(2) of P.C. Act.

b) On appearance of accused, the trial Court framed charges under Section 7 and 13(1) (d) r/w 13(2) of P.C. Act.

c) During trial, prosecution examined PWs.1 to 11 and exhibited documents marked as Exs.P.1 to P.20 and produced M.Os.1 to 20. On behalf of accused, Ex.D.1 was marked.

d) While denying the demand and acceptance of bribe, the contention of accused is that one Chandra Sekhar Reddy, who is resident of M. Lingampally Village, set up PW.1 to wreak vengeance against accused. The said Chandra Sekhar Reddy took a hand loan of Rs.2,000/- from the accused and failed to repay the same and the accused officer chastised Chandra Sekhar Reddy several times in that context. On the date of trap i.e., on 04.09.1998, Chandra Sekhar Reddy repaid the said amount of Rs.2,000/-through PW.1 and implicated the accused by dubbing the said amount as bribe. To establish his defence plea, the accused referred the 164 Cr.P.C. statement of PW.1 wherein PW.1 stated that the accused never demanded and accepted any bribe from him and on the date of trap, he gave Rs.2,000/-to the accused towards repayment of hand loan obtained by Chandra Se