JUDGMENT :

This is a Criminal Appeal filed by the State, being represented by the Inspector of Police, Anti-Corruption Bureau, Eluru Range, Eluru, challenging the judgment, dated 13.02.2007 in C.C.No.1 of 2003, on the file of Special Judge for SPE & ACB Cases, Vijayawada (hereinafter will be referred to as 'Special Judge'), where under the learned Special Judge, found the respondents herein i.e., Accused Officers ('A.O.1 and A.O.2' for short) not guilty of the charges under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 ('P.C. Act' in short) and acquitted them under Section 248(1) of the Code of Criminal Procedure ('Cr.P.C.' for short).

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The case of the prosecution, in brief, according to the charge sheet filed before the Court below is as follows :

(i) One Sri Katakam Venkata Subba Rao S/o. Suryaranarayana, (P.W.1) is resident of Tanuku, who intended to open a seed shop, on 22.03.2002 went to the office of A.O.1 and produced the relevant documents and required Government challan before him and expressed his intention to open a seed shop and requested him to issue a licence to open the said shop, for which A.O.1 demanded him bribe amount of Rs.5,000/- for doing the official favour and also Rs.1,000/- as bribe on behalf of A.O.2 and further informed him that unless they were bribed, they will not issue the said licence and took P.W.1 to A.O.2 and repeated his demand and on that both directed P.W.1 to come to their office with the bribe amount on 27.03.2002 morning. As P.W.1 was not willing to pay the demanded bribe amount, he proceeded to the office of P.W.5 and presented Ex.P.1, who, after observing necessary formalities, registered the same and investigated into.

(ii) On 27.03.2002 at about 11-50 a.m., both the Accused Officers were successfully trapped by P.W.5 when they further demanded and accepted Rs.5,000/- and Rs.1,000/- respectively from P.W.1 at the office of A.O.2. When S.C. solution test was conducted to their hand fingers, it proved positive so also their inner lining shirt pockets. Then, the Dy.S.P., seized the tainted amount, shirts, washings and the relevant record and examined witnesses and as per his instructions P.W.7 made further investigation and submitted draft final report to the D.G., A.C.B.

(iii) The Government of Andhra Pradesh being the competent authority to remove both A.O.1 and A.O.2 from service, issued G.O.Ms.No.414 and 415 dated 21.10.2002 of Agriculture and Cooperation (Vigilance I) Department. Hence, the charge sheet.

4. The learned Special Judge for SPE & ACB Cases, Vijayawada, took cognizance of the case under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988. After complying necessary formalities under Section 207 of Cr.P.C., the Court below framed charges under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 against A.O.1 and A.O.2 and explained the same to them in Telugu, for which they pleaded not guilty and claimed to be tried.

5. In order to prove the guilt against A.O.1 and A.O.2, on behalf of the prosecution P.W.1 to P.W.7 were examined and Ex.P.1 to Ex.P.16 were marked and further M.O.1 to M.O.17 were marked. After closure of the evidence of the prosecution, A.O.1 and A.O.2 were examined under Section 313 of Cr.P.C. with reference to the incriminating circumstances appearing in the evidence let in, for which they denied the same. A.O.1 stated that in respect of issuing licence for seed shop, he has no role to play and it is exclusively within the jurisdiction of Joint Director of Agriculture, Eluru. A.O.1 was not competent either to receive the application or to process it. He also stated that P.W.1 suddenly thrust some amount in his pocket though he was protested. A.O.2 stated that even he is not a recommending authority for issuing licence for seed shop. He never demanded or accepted an