The judgment establishes the importance of proving foundational facts and providing substantial evidence to support allegations in a corruption case.

JUDGMENT :

The judgment, dated 14.03.2006 in C.C.No.9 of 1999, on the file of Special Judge for SPE & ACB Cases-cum-III Additional District & Sessions Judge, Visakhapatnam (“Special Judge” for short) is under challenge in this Criminal Appeal filed by the State, represented by the Inspector of Police, Anti-Corruption Bureau (“A.C.B.” in short), Visakhapatnam.

2. The respondent herein faced charges under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (“P.C. Act” for short) and the learned Special Judge on conclusion of trial, found the respondent not guilty of the charges and accordingly, acquitted him under Section 248(1) of the Code of Criminal Procedure (“Cr.P.C.” for short), but ordered prosecution of P.W.1 for perjury.

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

4. The State, represented by the Inspector of Police, Anti-Corruption Bureau, Visakhapatnam, filed a charge sheet pertaining to Crime No.7/RC-WLR/98 of A.C.B., Visakhapatnam Range, alleging in substance as follows:

(i) Sri Doddi Nagaraju, the Accused Officer (“A.O.” for short), worked as Mandal Parishad Development Officer, Ravikamatham Mandal, Visakhapatnam District and he was working as such as on 06.03.1998 and he was a public servant within the meaning of Section 2(c) of the P.C. Act.

(ii) The work of formation of road from Gompavanipalem Village to its hamlet Village Antlampalem at a value of Rs.1,00,000/- and another work of construction of Community Hall at Gompavanipalem at a value of Rs.1,20,000/- in Ravikamatham Mandal were sanctioned under “Prajala Vaddaku Palana” Scheme. 50% of the value of the work will be in the form of grant and the remaining 50% shall be borne by “Shramadanam” of the Villagers.

(iii) Sri Mithana Eswara Rao (P.W.1) was the President of the Habitation Committee. The Accused Officer, being Mandal Parishad Development Officer, Ravikamatham, deposited Rs.50,000/- for road work and Rs.60,000/- for construction of Community Hall in the joint account opened in the names of P.W.1 and Sri K. Tatabbai, Mandal Engineering Officer (P.W.7) in Sri Visakha Grameena Bank, Ravikamatham.

(iv) The work of formation of road was taken up by Sri Yeka Ramana (P.W.2) and the work of Community Hall was taken up by Sri Ventakula Arjuna (P.W.3). Before the retirement of P.W.7, on 30.11.1997 he recorded the measurements of the completed works in M-Books, prepared bills and submitted them to the A.O. for issuing cheques. For the road work, an amount of Rs.7,325/- is to be paid to P.W.2 and for Community Hall work, a sum of Rs.6,868/- is to be paid to P.W.3. On retirement of P.W.7, the A.O. got transferred the amount in the joint account of P.W.1 and P.W.7 into his name by obtaining the signatures of P.W.1 and P.W.7. But, the A.O. did not issue cheques for both the works and kept them pending with him.

(v) On 04.03.1998 at 1-30 p.m., P.W.1 along with P.W.2 and P.W.3 met the A.O. and requested him to make payment. The A.O. demanded Rs.700/-, 5% of the bill amount of Rs.14,193/- as bribe and he claimed that cheques will not be issued unless the demanded bribe amount is paid. In spite of requests of P.W.1 to P.W.3, the A.O. did not agree and therefore P.W.1, in consultation with P.W.2 and P.W.3, reluctantly agreed to pay the demanded bribe amount of Rs.700/- to the A.O. and approached Sri N. Saibaba, Deputy Superintendent of Police, Anti-Corruption Bureau, Visakhapatnam (P.W.10) on 05.03.1998 at 3-00 p.m. and submitted Ex.P.1 report. P.W.10 registered Ex.P.1 as a case in the above crime number under the above Sections of law on 06.03.1998 at 7-00 a.m. and arranged for trap.

(vi) The A.O. was successfully trapped on 06.03.1998 at 1-35 p.m., in his office and the tainted amount of Rs.700/- (M.O.5) which was lying on a memo, dated 12.02.1998 (Ex.P.15), was picked up by the A.O. from his right side table drawer. The test of both hand fingers of the A.O. and Ex.P.15