JUDGMENT :

(A.V. Ravindra Babu, J.)

This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the appellant, who was the Accused Officer (AO) in Calendar Case No.29 of 2004, on the file of the Court of Special Judge for SPE and ACB Cases, Nellore, (for short, ‘the learned Special Judge’), challenging the judgment, dated 26.10.2007, whereunder the learned Special Judge found the AO guilty of the charges under Sections 7 and 13(2) R/w. Section 13(1)(d) of the Prevention of the Corruption Act, 1988 (for short, ‘the PC Act’), convicted him under Section 248(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer Simple Imprisonment for one month for the charge under Section 7 of the PC Act and further sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/- in default to suffer Simple Imprisonment for one month for the charge under Section 13(2) R/w. Section 13(1)(d) of the PC Act. Both the above sentences shall run concurrently.

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

3. The State, represented by Inspector of Police, ACB, Kadapa District, Tirupati Range, filed charge sheet in Crime No.3/RCTTCD/ 2003 under Sections 7 and 13(2) R/w. Section 13(1)(d) of the PC Act alleging, in substance, that the AO by name Shaik Darbar Basha, Counselling Rehabilitation and Marketing Officer (CRMO), Office of the District Manager, Andhra Pradesh Vikalangula Cooperative Corporation (for short, ‘the Corporation’), Kadapa demanded and accepted bribe of Rs.2,000/- from LW.1 - Kondeti Subbaramaiah to do official favour i.e., for release of loan amount of Rs.25,000/- to LW.4 – Kondeti Subbamma, wife of LW.1.

4. The case of the prosecution, according to the averments in the charge sheet, is that LWs.1 and 4 are the husband and wife and both of them are physically handicapped. LW.4 filed Ex.P-1 application for subsidy loan in the Corporation on 07.05.2002 for establishing a kirana shop. She submitted the necessary documents. LW.1 met the AO for several times and enquired about the loan of LW.4. AO told that Ex.P-1 was sent to the concerned bank for sanction of loan. On 09.12.2002, AO met LW.1 at his house and informed that the loan of Rs.10,000/- was sanctioned to LW.4 by State Bank of India, Kadapa Branch and an amount of Rs.10,000/- was sanctioned by DRDA, Kadapa towards subsidy and the department has to sanction Rs.5,000/- as margin money and he has to process the file for sanction of Rs.5,000/- and to send the same to the Bank for release of the loan amount of Rs.25,000/-. For that, he demanded a bribe of Rs.3,000/-. LW.1 expressed his inability to pay the said amount as bribe. On 24.01.2003, LW.1 met the AO at the office of the Corporation and enquired about the loan of LW.4. AO reiterated his earlier demand of bribe. LW.1 expressed his inability to pay such huge amount as bribe. AO reduced the bribe amount to Rs.2,000/- and told LW.1 to be ready with the bribe amount and he will visit the house of LW.1 on 29.01.2003 at 10:00 a.m. to collect the same. AO also instructed LW.1 that the work will not be done unless the bribe a