JUDGMENT :

C. Praveen Kumar, J.

1. The sole accused in C.C. No. 3 of 2002 on the file of the Special Judge for SPE and ACB Cases, Vijayawada, is the Appellant herein. He was tried for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.2,500/-, in default, to suffer Simple Imprisonment for three months, each under each count. The sentence of imprisonment imposed under each count was directed to run concurrently. M.O.1. M.O.2 and M.Os. 4 to 6 were directed to be destroyed after the expiry of appeal time.

2. The substance of the Charges against Accused Officer is that, while working as Mandal Revenue Inspector, Kollipara Mandal, Guntur District, he is said to have demanded Rs.1,000/- as bribe prior to 27.11.2000 and accepted the same as gratification other than legal remuneration for issuance of Property Valuation Certificate to the wife of one Somaraju Narayana Rao.

3. The facts, as culled out from the evidence of the prosecution witnesses, are as under:

i. PW 2 was working as Senior Assistant in the Office of Mandal Revenue Office, Kollipara Mandal, during the year 2000. PW 6 who was running a Fair Price Shop at Attota Village, submitted Ex. P1 application before Mandal Revenue Officer, Kollipara Mandal, for issuance of Property Valuation Certificate in favour of PW 4's wife, who is none other than his sister-in-law. His enquires later revealed that the application was forwarded to Accused Officer. About two or three days later, he met the Accused Officer in his Office and enquired about the issuance of certificate. PW 6 was informed that, he has to observe certain formalities i.e., to pay Rs.1,000/- or Rs.2,000/- as bribe to the Accused Officer. PW 6 informed the same to PW 4.

ii. PW 4 in his evidence states that, his wife is having land admeasuring Ac. 3.35 Cents at Attota Village of Kollipara Mandal and, as such, he approached PW 1 along with necessary application form. PW 1 is said to have forwarded the application, dated 16.11.2000, to Mandal Revenue Office, who valued the property at Rs.1,00,000/- per acre. On coming to know from P W 6 that Accused Officer asked PW 4 to meet him, PW 4 met Accused Officer on 27.11.2000 in his Office and requested him to issue valuation certificate in the name of his wife. At that point of time, the Accused Officer is said to have reiterated his earlier demand for issuance of certificate. PW 4 expressed his inability to pay the amount as he is an employee, but, the Accused Officer reiterated the demand saying that work will be done only if the demanded bribe amount of Rs.1,000/- is paid. Reluctantly, P.W.4 agreed to pay the amount, but, however, presented a report before Deputy Superintendent of Police, ACB, Vijayawada, on 29.11.2000. Ex. P9 is the said report.

iii. PW 9 - Deputy Superintendent of Police, ACB, Vijayawada, on receipt of Ex. P9 report from PW 4, endorsed the same to PW 8 to cause discreet enquiries about the antecedents of PW 4 and Accused Officer and to submit his report. On 30.11.2000, PW 9 received report from PW 8 by way of an endorsement on Ex. P9 [report], basing on which, he registered a case in Crime No. 25/ACB-VJA/2000 and submitted the original First Information Report to Court. Ex. P19 is the original First Information Report. Prior to the same, PW 9 obtained permission from D.G., A.C.B., Vijayawada, to lay the trap. Requisition for mediators was given to C.T.O., Governorpet, Vijayawada, and accordingly, PW 7 and another attended the Office of PW 9 on 30.11.2000. On arrival of PW 4, he was introduced to the mediators and vice versa and a copy of the complaint was given to the mediators to ascertain the genuineness of the same from PW 4. The mediators enquired with PW 4 and after being satisfied with the contents therein, PW 9 requested PW 4 to produce the proposed bribe amount, which he intends to offer to Accuse