The prosecution must prove the demand for bribe beyond reasonable doubt; failure to do so results in acquittal.

JUDGMENT :

(K. SREENIVASA REDDY, J.)

This Criminal Appeal has been preferred against the judgment, dated 20.12.2007, passed in CC No.20 of 2003 by the learned Additional Special Judge for SPE and ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad.

2. The sole accused officer is the appellant herein. He 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 20.12.2007, the learned Additional Special Judge found the accused officer guilty of the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Act and, accordingly, convicted him of the said offences, and sentenced him to undergo rigorous imprisonment for a period of one and half year and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of six (6) months for the offence under Section 7 of the Act. The accused officer was further sentenced to undergo rigorous imprisonment of one and half year and to pay fine of Rs.10,000/- in default to undergo simple imprisonment for a period of six (6) months for the offence punishable under Section 13 (1) (d) read with 13 (2) of the Act. Both the sentences of imprisonment were directed to run concurrently. The tainted amount of Rs.25,000/- i.e. MO.3, was ordered to be confiscated to the State and MOs.1, 2 and 4 to 8 were ordered to be destroyed after appeal time is over. The office was directed to initiate separate proceedings for the offence of perjury against PW.1.

3. The sum and substance of the charges against the accused officer is that he, being a public servant, employed as Deputy Executive Engineer, Roads and Buildings, Tadipatri from 01.07.2002 to 25.09.2002, demanded Rs.30,000/- on 18.09.2002 as bribe for check measuring the work of one Devana Ramanjula Reddy (PW.1) and when the said Devana Ramanjula Reddy (PW.1) pleaded his inability to pay the bribe, the accused reduced the amount to Rs.25,000/- and accepted illegal gratification on 20.09.2002 for doing official favour, thereby committed the offence punishable under Section 7 of the Act. In the course of same transaction, on 20.09.2002, by corrupt or illegal means by abusing his position as public servant obtained for his pecuniary advantage to an extent of Rs.25,000/- from Devana Ramanjula Reddy (PW.1) as illegal gratification other than legal remuneration for doing official favour i.e., for check measuring the work, thereby the accused officer committed the offence under Section 13(1)(d) read with 13(2) of the Act.

4. Brief facts of the prosecution case are that the accused officer worked as Deputy Executive Engineer, Roads and Buildings, Tadipatri from 01.07.2002 to 25.09.2002, as such he is a public servant within the meaning of Section 2(c) of the Act. The de facto complainant namely D. Ramanjula Reddy is a native of Boppepally village of Yellanur mandal of Ananthapur district. He is a Registered Class-II Contractor. About seven (7) months prior to 19.09.2002, he participated in the tenders and got the contract work of repairing 4 KMs of Tadipatri-Bukkapuram road with an estimate of Rs.7.00 Lakhs. He completed the said work two months prior to 19.09.2002. After completion of work, Junior Engineer recorded the measurements in the M. Book and the Divisional Engineer had to check measure the work. It is alleged that the de facto complainant met the accused officer several times and requested him to undertake the check measurements. The accused officer made the de facto complainant to move around him for one month prior to 19.09.2002. On 18.09.2002, the de facto complainant met the accused officer at his residence and requested him to check measure the work. On that, the accused officer is alleged to have demanded a bribe of Rs.30,000/- for check measuring the work. When the de facto complainant expressed his inability to pay the said bribe amount, the accused officer is alleged to have reduced the