The prosecution must establish the accused's guilt beyond reasonable doubt; evidence from witnesses with bad antecedents requires corroboration.

JUDGMENT :

K. Sreenivasa Reddy, J.

This Criminal Appeal has been preferred against the judgment dated 22.12.2006 passed in CC No.13 of 2002 by the learned Special Judge for SPE and ACB Cases, Vijayawada.

2. The accused officer was tried for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the Act’). By his judgment dated 22.12.2006, the learned Special Judge found the accused officer guilty of the offences under Sections 7 and 13(1)(d) read with 13(2) of the Act and, accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2,500/-, in default to suffer simple imprisonment for three (3) months for the offence under Section 7 of the Act. He was further convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2,500/-, in default to suffer simple imprisonment for three (3) months for the offence under Section 13(2) read with 13(1)(d) of the Act. Both the substantive sentences were ordered to run concurrently and MO.3 (cash of Rs.2,000/-) was ordered to be returned to PW.9 and MOs.1, 2 and 4 to 7 were ordered to be destroyed after expiry of appeal period.

3. The sum and substance of the charges against the accused officer is that he is a public servant within the meaning of Section 2(c) of the Act. He was working as Supervisor in the Guntur District Cooperative Central Bank, Mangalagiri, Guntur district. Prior to 13.09.2000, he was alleged to have demanded an amount of Rs.17,700/-, at the rate of Rs.100/- each, for 177 applications for recommending the crop loans. That on 13.09.2000 evening at his residence, he demanded an amount of Rs.2,000/- towards bribe from PW.9 as advance and in continuation of the above demand on 16.09.2000, at the office of the Primary Agricultural Cooperative Credit Society Limited, Ippatam, further demanded and accepted an amount of Rs.2000/- from PW.9 as gratification other than legal remuneration for doing official favour of recommending the crop loans and thereby committed an offence punishable under Section 7 of the Act. He was further charged for demanding and accepting an amount of Rs.2000/- from PW.9 as gratification other than legal remuneration for doing official favour of recommending the crop loans and obtained for his pecuniary advantage of Rs.2000/- by abusing his position as public servant, thereby committed the offence punishable under Section 13(1)(d) read with 13(2) of the Act.

4. Case of the prosecution, in brief, is that, the de facto complainant and others applied for crop loans to the Primary Agricultural Co-operative Society, Ipparam, Guntur district in the month of July, 2000 and the Secretary of the said Society submitted the loan applications, numbering to 177 to the accused officer. It is alleged that the accused officer demanded Rs.100/- as bribe for each application, totally Rs.17,700/-. The demand of bribe was informed to the Secretary by the complainant. On 13.09.2000 evening at about 5.00 PM, the complainant met the accused officer at his residence and the accused officer is alleged to have demanded bribe of Rs.2,000/- as advance on behalf of the members of PACCS, Ippatam for recommending the crop loans and informed that he would receive the bribe amount on 16.09.2000 at the office of PACCS, Ippatam stationed at Mangalagiri. The complainant reluctantly agreed to pay the demanded bribe amount of Rs.2000/- and approached PW24 on 15.09.2000 at 9.00 AM and presented a written report. After observing formalities, P.W.22 registered the report of the complainant as a case in Crime No.14/ACB-VJA/2000 of Anti Corruption Bureau, Vijayawada Range, Guntur, on 16.09.2000 and took up investigation. On 16.09.2000 at about 9.15 AM, the accused officer was successfully trapped by P.W.22 in the presence of P.W.21 and another, when he further demanded and accepted the bribe amount of Rs.2000/- for recommending crop