JUDGMENT :

1. These two appeals are being disposed of by this common judgment since Criminal Appeal No.490 of 2016 filed by Accused No.1 and Criminal Appeal No.503 of 2016 filed by Accused No.2 are directed against the very same judgment of the learned Principal Special Judge for SPE and ACB Cases-cum-IV-Additional Chief Judge, CCC, Hyderabad, in C.C.No.58 of 2007 dated 01.06.2016, whereby the appellants-A1 and A-2 were convicted of the offences punishable under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short “the Act”) and were sentenced to undergo rigorous imprisonment for six months each and to pay a fine of Rs.2,000/- each, in default, to suffer simple imprisonment for three months each for the offence punishable under Section 7 of the Act and they were also sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.2,000/- each, in default, to suffer simple imprisonment for three months each for the offence punishable under Section 13 (2) read with Section 13 (1) (d) of the Act. The sentences imposed under both the counts were directed to be run concurrently.

2. For the sake of convenience, the parties hereinafter referred to as they were arrayed in the trial Court.

3. The case of the prosecution, in brief, is as under :

(i) A-1 worked as Sub-Inspector of Police from 11.08.2005 to 04.11.2006 and A-2 worked as Police Constable from 06.07.2005 to 04.11.2006 in Kachiguda Police Station, Hyderabad. P.W.1 is a resident of H.No. 8-2-682/7, Ministers Colony, Banjara Hills, Road No.2, Hyderabad and was doing business under the name and style of M/s. Mars Data Solutions at Banjara Hills, Hyderabad. P.W.1 purchased the factory equipments relating to mineral water plant from one Hari Govind Singh for Rs.17.00 lakhs and paid Rs.16.00 lakhs in cash and Rs.1.00 lakh through a cheque. But, in the year 2003, the said Hari Govind Singh filed a case against P.W.1 for dishonour of cheque and the Court issued Non-Bailable Warrant against P.W.1 for his non-appearance. On 04.11.2006, in the morning hours, both the accused and other police constables went to the house of P.W.1 in civil dress and informed P.W.2, who is the Manager of P.W.1, that N.B.W. was pending against P.W.1 and they came for execution of the same and P.W.2 has informed the same to P.W.1. Then P.W.1 allowed both the accused into his house and A-1 informed P.W.1 that they have come to arrest him. P.W.1 informed that he wants some time to talk to his advocate, but A-1 demanded Rs.20,000/- as bribe for non-execution of the N.B.W. against him. On bargain, A-1 reduced the bribe amount to Rs.15,000/-. P.W.1 informed A-1 that he would arrange the amount and meet him. A-1 asked P.W.1 to pay the amount as early as possible either to him or to A-2 and if not he would arrest him and put him in trouble.

(ii) As P.W.1 was not willing to pay the bribe amount, on the same day i.e., 04.11.2006 at about 11.00 A.M. or 11.30 A.M., he approached the A.C.B. officials and lodged Ex.P1-complaint for taking necessary action against A-1 and A-2. P.W.10, who is the D.S.P., A.C.B., CR, Hyderabad, verified the contents of Ex.P1 and asked P.W.1 to come to his office at about 4.00 P.M., along with the proposed bribe amount of Rs.15,000/-. In the meantime, P.W.10 made a discrete enquiry regarding the genuineness of Ex.P1 and reputation of A-1 and A-2. After obtaining permission from the competent authority, P.W.10 registered a case in Crime No.20/ACB-CR1/2006 under Section 7 of the Act against both the accused, issued Ex.P15-F.I.R. and took up investigation. As instructed by P.W.10, P.W.1 went to the office and meanwhile, P.W.10 secured the presence of two mediators i.e., P.W.5 and one Gandroju Prakash, prepared Ex.P5-Pre-trap proceedings and laid a trap by observing necessary legal formalities, such as applying phenolphthalein powder to the currency notes and noting down the serial numbers and denominations of the currency notes