The prosecution must prove the demands and acceptance of a bribe to establish guilt under the P.C. Act.

JUDGMENT :

A.V. RAVINDRA BABU, J.

1. Challenge in this Criminal Appeal is to the judgment, dated 30.06.2006 in C.C.No. 4 of 2001, on the file of Special Judge for SPE & ACB Cases, Vijayawada (“Special Judge” for short). The State, represented by Range Inspector-III, Anti-Corruption Bureau (“A.C.B.” for short), filed the present appeal questioning the order of acquittal recorded against the Accused Officers/respondent.

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

3. The State, represented by Range Inspector-III, A.C.B., Vijayawada, filed a charge sheet in Crime No. 3/ACB-RCT-VJA/2000 of A.C.B., Vijayawada Range, Vijayawada, Krishna District, alleging in substance as follows:

(a) One M. Gangadhar Tilak, S/o Veera Raghavulu (“Accused Officer” for short) worked as Office Superintendent in the office of Mandal Revenue Officer, Koduru Mandal, from 01.10.1996 to 18.02.2000 and he is a public servant within the meaning of Section 2(c) of the Prevention of Corruption Act (“P.C. Act” for short).

(b) P.W.1, resident of Lingareddypalem of Koduru Mandal is an agriculturist and his father purchased an extent of Ac.1-00 cents in the year 1975 and got it registered in the name of his wife. His father died three years after the marriage of his daughter, Narsamma and in the year 1996 the brother-in-law of P.W.1 Saibabu created a document stating that the land of the mother of P.W.1 was given to his wife during her marriage under that document and with the help of V.A.O., the brother-in-law of P.W.1 obtained a passbook from M.R.O. and tried to occupy the said land.

(c) On that the mother of P.W.1 filed an Appeal in Revenue Divisional Officer’s Court and basing on her report, the R.D.O. enquired and issued orders to M.R.O., Koduru to give passbook and title deed to the mother of P.W.1 and as per the said orders, the M.R.O. issued passbook in the month of January, 2000 through the Accused Officer and immediately P.W.1 asked Accused Officer to give the title deed also. On this, the Accused Officer informed that it was sent to R.D.O. for signature.

(d) Again on 10.02.2000 P.W.1 met Accused Officer and requested for issue of title deed of his mother and on that for doing his favour, Accused Officer demanded bribe amount of Rs.2,500/- and asked him to bring his mother for taking delivery of the title deed. Again on 15.02.2000 when P.W.1 met Accused Officer for the same purpose, the Accused Officer reiterated his earlier demand of bribe and asked P.W.1 to bring an authorization letter from his mother and accordingly P.W.1 met the Accused Officer along with others on 17.02.2000 and when requested for delivery of the titled deed of his mother and when expressed about his inability to pay the demanded bribe, the Accused Officer reduced the same to Rs.2,400/- and further informed P.W.1 to bring the same to his office on 18.02.2000 and to meet him either in the morning or in the evening and to pay the same, failing which the title deed will not be given. Then P.W.1 reluctantly agreed to pay the same.

(e) On 17.02.2000 P.W.1 gave a report to the D.S.P., who after observing necessary formalities, registered a case and on 18.02.2000 Accused Officer was successfully trapped at about 3-40 p.m., in the office when he further demanded and accepted the bribe amount of Rs.2,400/- and when the hand fingers of Accused Officer were subjected to chemical tests, they proved positive. The D.S.P. seized the tainted amount.

(f) The Government of Andhra Pradesh being the competent authority to remove the Accused Officer issued prosecution sanction orders as per G.O.Ms.No. 773, dated 02.11.2000 of Revenue (SER.III) Department. Hence, this case.

4. The learned Special Judge took cognizance of the case under Sections 7 and 13(1)(d) r/w 13(2) of P.C. Act. On appearance of the Accused Officer and on compliance of Section 207 of the Code of Criminal Procedure (“Cr.P.C.” for short), the learne