Point of law: Mere recovery of the said money from the accused officer will not entail the prosecution to claim presumption in their favour.

JUDGMENT:

1. The appellant is convicted for the offence under Sections 7 and also under Section 13 (1) (d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (for short “the Act of 1988”) vide judgment in Calendar Case No.3 of 2003, dated 13.08.2007 passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad and sentenced to undergo RI for two years and to pay fine of Rs.2,000/-, in default, to suffer SI for six months, under each count. Aggrieved by the same, the present appeal is filed.

2. The case of the ACB is that the defacto complainant/P.W.1 had land to the extent of Acs.3.15 guntas in Sy.No.473 at Pillamarri village, Suryapet Mandal, Nalgonda District. Since no boundary stones were fixed around the land, the husband of P.W.1 submitted an application in the MRO office at Suryapet by paying the requisite fee for demarcation of her land. The accused officer went to the said land 3 months prior to the complaint but did not conduct any survey. On 03.07.2000, when requested to conduct survey, the accused officer demanded bribe of Rs.25,000/-failing which he refused to survey and demarcate her land. In spite of several requests accused officer did not yield and finally directed that he would come to the house of P.W.1 on Monday morning at 11.00 a.m on 10.07.2000 and then an amount of Rs.10,000/- has to be paid and the remaining Rs.15,000/- has to be paid after concluding survey. Aggrieved by the demand and not willing to pay the bribe, the husband of P.W.1 approached the ACB authorities and filed complaint Ex.P3. Ex.P1 is her signature on the complaint Ex.P3.

3. The ACB formed a trap party for entrapping AO at the house of P.W.1. Prior to proceeding for the trap, the complaint was registered as FIR under Ex.P11.

4. The trap party including DSP, mediators, complainant, inspectors conducted pre-trap proceedings on 10.07.2000 in the ACB office at Khammam at 7.30 a.m under Ex.P4. After concluding the pre-trap proceedings, the trap party went to the house of PW1 and stopped at a distance of one furlong from her house and took positions nearby her house. In the evening around 6.30 p.m, the accused officer was found entering into the house of the complainant. At 6.40 p.m, the trap party received the pre-arranged signal from the complainant and accordingly trap party rushed to the ground floor around 6.45 p.m and found the accused officer in the room. The DSP introduced himself and when questioned regarding bribe amount, the accused officer stated that P.W.1 had given an amount of Rs.10,000/- for utilizing to meet the expenditure of survey. The trap party after concluding post trap proceedings prepared post trap mediators report under Ex.P7. Thereafter, the accused officer was taken to his residence and file pertaining to the complainant was handed over by the accused officer. Separate proceedings under Ex.P9 was prepared in proof receiving the said file. The ACB inspector to whom investigation was handed over after concluding the investigation, filed charge sheet for the offences under Sections 7 and also under Section 13 (1) (d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 and accordingly the learned special Judge framed charges for the said offences.

5. During the course of trial P.W.1 turned hostile to the prosecution case and stated in her chief examination that her husband who had lodged the complaint had 40 sq.yds of land by the side of the land of the accused officer at Nalgonda. Her husband sold the land to the accused officer for Rs.30,000/-, out of which Rs.10,000/-was paid to her husband, subsequently the accused officer demanded her husband to execute the registered sale deed, for which, P.W.1 and her husband objected and demanded Rs.80,000/- to be paid. Then the accused officer expressed his inability to purchase the land at Rs.80,000/-and asked to return the said amount of Rs.10,000/-. P.W.1 met one Mahender Reddy and took loan of Rs.10,000/- an