JUDGMENT :

1. The appellant is questioning his conviction recorded under Sections 7 and Section 13(1)(d) punishable under Section 13(2) of the Prevention of Corruption Act and sentencing him to undergo rigorous imprisonment for a period of 1-1/2 year and also to pay fine of Rs.2,500/- under each count vide judgment in C.C.No.3 of 2004 dated 02.04.2008 passed by Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad.

2. Briefly, the case of the prosecution is that the appellant was working as Deputy General Manager & Project Officer, Singareni Collieries Company Limited, Kothagudem. P.W.1/defacto complainant was a partner of M/s.B.Girijapati Reddy & Company, Nellore, who was executing subject contract given by M/s. ABC Engineering Works, Vijayawada. The contract work involved blast holes drilling, excavation, loading, transportation and dumping etc., at Goutham Khani Open Cast Project, Singareni Collieries Company Limited. The duty of the appellant as General Manager, who was in charge was to provide with sufficient blasted rock, sufficient area for drilling operation, arranging for transportation of vehicle. According to the case of the prosecution, the appellant was troubling the contractors without providing sufficient material and area for the purpose of operation. On account of the acts of the appellant, the contractors sustained losses.

3. P.W.1 met the appellant at his office on 19.09.2002 and requested for providing sufficient blasted rock and area for operation, for which, the appellant demanded bribe of Rs.50,000/- and informed that if the demand is not met, he would further create problems which would result in loss to the contractors. P.W.1, thought it fit to complain about the demand to the ACB and approached the DSP ACB on 03.10.2002 and lodged Ex.P1 complaint. P.W.1 narrated in the complaint that the appellant who was in-charge for Singareni Collieries was creating trouble while he was executing the contract work. The contract was given to ABC Engineering Company. P.W.1 entered into MOU with ABC Engineering Company to execute 80% of the work. The appellant demanded an amount of Rs.50,000/- not to create hurdles and provide necessary area for operation etc to execute the contract.

4. The Deputy Superintendent of Police asked P.W.1 to meet him at Kothagudem on 04.10.2002 and accordingly, the DSP arranged to lay a trap. On 04.10.2002, P.W.1 met the trap party in a hotel at Kothagudem and produced the bribe amount. The independent mediators having questioned P.W.1 regarding the complaint, drafted first mediators report in the Hotel Surya Palace, Kothagudem and the proceedings were concluded at 6.00 p.m. Thereafter, the trap party proceeded to the house of the appellant at his official quarter, Kothagudem. P.W.1 went inside the house and on seeing P.W.1, it is alleged that the appellant demanded bribe amount and in turn, the amount was paid. P.W.1 came out and gave pre-arranged signal indicating acceptance of bribe by the appellant. The trap party entered into the house and conducted sodium carbonate solution test on the hands of the appellant to find out whether he handled the phenolphthalein smeared bribe amount of Rs.50,000/-. The right hand fingers turned positive. The test on the left hand was negative. On questioning, the appellant produced the amount from the bed room wardrobe. The trap party verified the currency and thereafter post-trap proceedings were drafted under Ex.P4. The investigation was later handed over to the Inspector P.W.7, who concluded investigation and filed charge sheet for the offence under Sections 7 and Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act.

5. Learned Special Judge examined P.Ws.1 to 7 and marked Exs.P1 to P24 on behalf of the prosecution. The appellant examined D.Ws.1 and 2 and marked Exs.D1 to D3.

6. Learned Special Judge came to conclusion on the basis of the evidence adduced that the demand and acceptance was proved by the prosecution and r