JUDGMENT :

Challenging the judgment, dated 09.10.2006 in C.C.No.18 of 2001, on the file of Special Judge for SPE & ACB Cases, Nellore (“Special Judge” for short), the unsuccessful Accused Officer (“A.O” for short) filed the present appeal.

2. The appellant (A.O.) faced trial in the above said Calendar Case for the charges under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (“P.C. Act” for short). The learned Special Judge after conclusion of trial, found the appellant guilty of the charges and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 7 of the P.C. Act, 1988 and further sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 13 (2) r/w 13(1)(d) of the P.C. Act and that both the sentences shall run concurrently.

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

4. The State, represented by the Inspector of Police, Anti-Corruption Bureau (“ACB” for short), Prakasam District, Ongole, filed a charge sheet in Crime No.8/ACB-NPK/2000 of ACB, Nellore Range, alleging as follows:

(i) The Accused Officer (A.O.) Endluri Veera Raghavulu, S/o Venkata Subbaiah, worked as Senior Assistant in the office of Zilla Parishad, Prakasam District, Ongole during the period from August, 1995 to 14.08.2000, as such, he is a public servant within the meaning of Section 2(c) of the P.C. Act.

(ii) One Thanneeru Srinivasa Rao, S/o Laxmaiah, is the Junior Assistant in Z.P. High School, Maddulur, Santhanuthalapadu Mandal, Prakasam District. He is the defacto-complainant (L.W.1). The Headmistress, Z.P. High School, Maddulur, S.N. Padu Mandal, Prakasam District i.e., L.W.5-Parankusam Ranganayakamma prepared arrears bill for Rs.6,365/-, as arrears of salary of L.W.1-Thanneeru Srinivasa Rao, Junior Assistant, as per Pay Revision Commission, 1999 in view of his revised fixation for the period from 01.07.1999 to 30.06.2000. It was sent to Z.P. office, Ongole in the first week of July, 2000. Subsequently, regular salary bill of July month of the staff of Z.P. High School, Maddulur was also sent to Z.P. Office by Headmistress.

(iii) On 28.07.2000 L.W.1 met A.O. at Z.P. Office, Ongole and enquired about his arrears salary bill. A.O. stated to him that things should not be settled at free of cost and he should be paid 10% of the bill amount i.e., Rs.650/- as illegal gratification and asked him to pay the amount and to get the work done. When L.W.1 expressed his inability for paying bribe, A.O. informed him that it was not possible for him to pass the bill.

(iv) On 01.08.2000 L.W.1 and L.W.5 went to State Bank of India, Ongole for encashment of salary and on that day L.W.1 came to know that his arrears salary bill is not included in the cheque of salaries. Then, he approached A.O. on 01.08.2000, who was available at State Bank of India, Ongole and asked him about his arrears bill. Then A.O. informed him that since he (L.W.1) failed to pay the bribe amount to him, his (L.W.1) arrears bill was kept pending. He further demanded L.W.1 to pay Rs.650/- after encashing the salaries and in such a case, he would pass the bill immediately and to arrange payment. Then, L.W.1 promised A.O. to pay the bribe amount on the next day. As he was not willing to pay the bribe to A.O., he approached the Inspector of Police, ACB, Ongole (L.W.12) on the same day i.e., on 01.08.2000 and presented a report against A.O. The DSP, ACB, Nellore (L.W.11) registered the report of L.W.1 as a case in Crime No.8/ACB-NPK/20000 on 02.08.2000.

(v) The Deputy Superintendent of Police, ACB, Nellore, conducted pre-trap proceedings in the office of Inspector, ACB, Ongole on 02.08.2000 between 9-30 a.m. an