The prosecution must prove both demand and acceptance of illegal gratification for conviction under the Prevention of Corruption Act, which was not established in this instance.

JUDGMENT :

E.V.VENUGOPAL, J.

1. Challenge in this criminal appeal filed under Section 374(2) Cr.P.C was laid to the judgment dated 29.12.2017 passed in C.C.No.29 of 2008 on the file of the Court of the Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, whereunder the appellant herein was convicted and sentenced to suffer rigorous imprisonment for one year and also to pay fine of Rs.5,000/ - for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and was further sentenced to suffer rigorous imprisonment for one year and also to pay fine of Rs.5,000/ - for the offence punishable under Section 13 (1) (d) r/ w 13 (2) of the Prevention of Corruption Act, 1988.

2 The factual matrix that led to the filing of this appeal is as follows:

a. One Padma Rao (P.W.1) who was the Managing Director of Hiranya Solutions Private Limited, Hyderabad, gave report to the ACB officials alleging that the appellant who works as Superintendent in the office of Director, Works Accounts, A.P. demanded Rs.5,000/ - as bribe in connection with the fixation of commission to be paid to him. P.W.1 was supplying Data Processing Officers (who were called as Data Entry Operators subsequently) to Pay and Accounts Office and Assistant Pay and Accounts Offices under the Director, Works Accounts throughout the State of Andhra Pradesh. According to him they used to get Rs.4,000/ - towards salaries and services and Rs.400/ - towards service tax per person per month.

b. As per G.O.Rt.No.2501 dated 13.7.2006, the DPOs should get Rs.6,500/ - and commission to be paid separately but the G.O.Rt.No.2501 was not implemented and the employees were demoted as Data Entry Operators from Data Processing Officers which resulted loss of Rs.1,000/ - per employee per month and the commission to be paid to him was not fixed. In that connection, the appellant demanded P.W.1 about one week prior to his report and as he did not yield the appellant got issued Memo dated 10.5.2007 which does not mention about the commission. When P.W.1 approached the appellant, he again reiterated his demand and as P.W.1 was not interested to pay the same, he approached the DSP, ACB and lodged Ex.P.3 report and subsequently the trap was conducted during which the appellant was caught red handedly for demanding and accepting the bribe amount. A phenolphthalein test was conducted over both the hand fingers of the appellant as well as the inner linings of pant pockets from where the tainted amount was recovered and the right hand wash of AO and inner linings of pants pocket of the appellant yielded positive results. The tainted amount of Rs.5,000/ - was recovered from the possession of the appellant in the presence of mediator. The appellant was arrested on 11.5.2007 at 7.30 p.m. and was produced before the Court for judicial remand and subsequently he was released on bail. The 164 Cr.P.C. statement of P.W.1 was got recorded by the competent Magistrate. After completion of investigation and after obtaining necessary sanctions, the charge sheet was filed for the offences punishable under Sections 7, 13(1)(d) r/ w 13 (2) of the Prevention of Corruption Act, 1988.

c. The appellant was examined under Section 239 Cr.P.C and charges under Sections 7, 13(1)(d) r/ w 13 (2) of the Prevention of Corruption Act, 1988 were framed against him for which he pleaded not guilty and claimed to be tried. During the course of trail, the prosecution examined P.Ws.1 to 9 and got marked as many as 33 exhibits as Exs.P.1 to P.33 besides M.Os.1 to 8. On behalf of the defence, the appellant Exs.D.1 and D.2 were marked. On behalf of Court Exs.X1 to X.12 were marked.

3 On an analysis of the entire material both oral and documentary, the trial Court found the appellant guilty of the offences under Sections 7, 13(1)(d) r/ w 13 (2) of the Prevention of Corruption Act, 1988 and accordin