The prosecution must prove the demand for illegal gratification to secure a conviction under the Prevention of Corruption Act; mere recovery of tainted money is insufficient.

JUDGMENT :

(K. SREENIVASA REDDY, J.)

Accused Officer No.1 (hereinafter referred to, as 'AO.1'), in Calendar Case No.16 of 2003 on the file of the Special Judge for SPE & ACB Cases, Nellore (for short 'the Special Judge'), filed this appeal challenging the Judgment dated 29.09.2007, whereunder and whereby he was convicted of the offences punishable under Sections 7 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for brevity 'the PC Act, 1988') and sentenced him to undergo rigorous imprisonment for a period of one (01) year and to pay a fine of Rs.3,000/- (Rupees three thousand only), in default, to suffer simple imprisonment for a period of three (03) months for the offence punishable under Section 7 of the PC Act, 1988 and also to undergo rigorous imprisonment for a period of one (01) year and to pay a fine of Rs.3,000/- (Rupees three thousand only), in default, to suffer simple imprisonment for a period of three (03) months for the offence punishable under Section 13 (2) read with Section 13 (1) (d) of the PC Act, 1988. Both the sentences of imprisonment were directed to run concurrently. It is further directed that MO3 i.e. cash of Rs.6,000/-, be returned to P.W1-Yerramreddy Penchal Reddy, and MOs.1, 2 and 4 to 8 be destroyed. The learned Special Judge acquitted the accused No.2 (hereinafter referred to, as 'A2') of the charge under Section 7 of the PC Act, 1988 read with 109 IPC in terms of Section 248 (1) of the Code of Criminal Procedure, 1973 (for brevity 'CrPC').

2. Case of the prosecution, in brief, is that the AO.1 is working as Divisional Engineer, Operations in Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL), Rajampet Division, Kadapa District; that the A2 is the Contract Labour in the office of the Divisional Engineer Operations, APSPDCL.

(b) D.W1 is the uncle of P.W1. D.W1 got contract works of erection of additional transformers in Kalasapadu Section and erection of 11 KV Line from Varikunta village to Jyothi and entered into an agreement with APSPDCL vide L.S. AGT 84/01-02 and L.S. AGT No.40/02-03; that due to preoccupation with other contract works, D.W1 entrusted the above contract works to P.W1 and appointed him as his authorized agent and executed a Notary in respect of the above contract works to P.W1 in the presence of L.W5-Pradeep Kumar Pawar. Ex.P1 is the Notarized letter of authorization issued by D.W1 in favour of P.W1.

(c) That P.W1 completed the works in the month of July, 2002 and had to receive two bills of Rs.1,97,027/- of net amount and Rs.48,705/- of gross amount for the above two works.

(d) That ten days prior to 02.09.2002, P.W1 approached AO.1 and requested him to check measure the works executed by him and to pass the above bills; that the AO.1 demanded P.W1 to pay illegal gratification of Rs.10,000/- to do the official favour; that P.W1 expressed his inability to pay the bribe and went away; that on 27.08.2002, P.W1 again approached AO.1 and enquired him about the two bills, but AO.1 reiterated his earlier demand for payment of bribe. P.W1 expressed his inability to pay the bribe that he has no money.

(e) That AO.1 informed P.W1 that he would pass the bill of Rs.1,97,027/- and issue cheque, and after encashment of the cheque, the bribe amount be paid to him; that accordingly, AO.1 passed the bill and issued cheque to P.W1 on the same day; that on 02.09.2002 P.W1 approached AO.1 in his office and enquired about the remaining bill; that AO.1 reiterated his earlier demand for payment of Rs.10,000/- as bribe, and when P.W1 expressed his inability to pay such huge amount, AO.1 reduced the bribe amount from Rs.10,000/- to Rs.6,000/- and asked P.W1 to pay the same in the evening of 03.09.2002 at his residence at Rajampet to pass the bill and issue cheque; that P.W1, having no other go, accepted to pay the bribe to AO.1.

(f) P.W1, who was not willing to pay the bribe to AO.1, approached P.W6-Deputy Superintendent of Police, ACB, Tirupati Range, Tirupati and g