IMPORTANT POINT
The judgment establishes the principle that doubts regarding the possession and handling of incriminating evidence can lead to the extension of the benefit of doubt to the accused.

JUDGMENT :

1. The appellant was convicted for the offence under Section 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of six months and one year respectively vide judgment in C.C.No.38 of 2004 dated 22.12.2008 passed by the 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 Junior Assistant in the office of the Deputy Educational Officer, Ameerpet Mandal, Hyderabad. P.W.1/defacto complainant was the office in-charge of Gyana Saraswathi School. The TC book of the school was exhausted and since new TC book would be supplied by the DEO, Hyderabad, on the instructions of the Head Mistress of the School, the defacto complainant visited the office of the Deputy DEO, on 03.07.2003 and met the appellant. The application for giving TC certificates Ex.P1 and letter for allotment of text books dated 30.06.2003 along with pay orders Exs.P3 and P4 were handed over to the appellant. The appellant refused to put up file before the Deputy DEO for issuance of TC book and text books and demanded Rs.1,000/- as bribe. P.W.1 went back to school and informed to the Secretary and correspondent of the School that the appellant was demanding Rs.1,000/- to process the file and forward to the DEO. Then, P.W.3, who is the Correspondent of the school asked P.W.1 to inform the appellant that he would arrange bribe and later directed P.W.1 to lodge a complaint with the ACB.

3. P.W.1 approached the ACB on the very same day i.e., 03.07.2003 on the day of demand and lodged Ex.P5 complaint. The DSP directed P.W.1 to come back on 05.07.2003 on which date the trap would be arranged. Having received the complaint and verifying the antecedents of the appellant and also the complainant, the complaint was registered on 05.07.2003. P.W.4 along with another were asked to act as independent mediators to the proceedings. Pre-trap panchanama was drafted in the office of ACB which is Ex.P8. Thereafter, the trap party went to the office of the DEO. Around 3.30 p.m, P.W.1 went inside and came out from the office and gave the signal that the bribe was accepted by the appellant. Accordingly, the trap party entered into the office and asked the appellant regarding the bribe amount. His hands were tested to find out whether bribe amount was handled. Sodium carbonate solution was prepared and the appellant was asked to rinse his fingers in the sodium carbonate solution. The tainted currency notes were smeared with phenolphthalein powder. In the event of handling the currency notes, the person handling the currency notes would come into contact with the phenolphthalein powder on the notes and when hands are washed in sodium carbonate solution, the same would turn pink indicating handling of the smeared currency notes.

4. The tests on the right fingers did not yield any result. However, on the left hand fingers, the solution turned pink. The DSP questioned whether any amount was received, on which the appellant opened almirah with keys available with him and bribe notes were found along with the register and used TC book Ex.P6.

5. Post trap proceedings were conducted and Ex.P11 was drafted, incorporating what all transpired during post trap proceedings.

6. The appellant was arrested and having concluded investigation, charge sheet was filed for the offence under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. On behalf of the prosecution, P.Ws.1 to 6 were examined and Exs.P1 to P14 were marked.

7. Learned Special Judge found that the element of demand and acceptance were proved by the prosecution. Further, the amount was seized at the instance of the appellant which was under lock and key in the almirah. The key to the almirah was with the appellant and after he opened it, the amount was found along with Ex.P6 TC book and another Register.

8. Learned counsel appearing for the appellant would s