THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.113 OF 2010

JUDGMENT :

The present criminal appeal is preferred by the appellant/

accused under Section 374(2) of Cr.P.C., aggrieved by the judgment dated 18.01.2010 in CC No.12 of 2005 on the file of the learned Additional Special Judge for SPE & ACB Cases, Hyderabad wherein and where under the appellant was found guilty for the offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.3,000/-, in default, to suffer simple imprisonment for six months for the offence under Section 7 of PC Act and further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/- in default, to undergo simple imprisonment for six months for the offence under Section 13(1)(d) read with Section 13(2) of PC Act.

2. Heard Sri Badeti Venkata Ratnam learned counsel for the appellant and Sri Vishal Gandhi, learned counsel representing Sri T.Balamohan Reddy, learned special public prosecutor and standing counsel for the respondent/ACB.

3. The brief facts of the case are that the appellant/accused while working as Assistant Director (P&P), Sports Authority of Andhra Pradesh (SAAP), Gachibowli, Ranga Reddy District, being a public servant under Section 2(c) of PC Act, demanded an illegal gratification of Rs.12,000/- from the de-facto complainant/PW1/GV Kumar, who was the proprietor of M/s.Sincre Services and Builders and engaged in catering services, for processing and handing over the cheque pertaining to the final bill settlement of the catering charges and when PW1 expressed his inability to pay such amount, the appellant decreased the same to Rs.10,000/-.

(a) The prosecution's case is that PW1, who was running a catering service at IIIT Canteen, Gachibowli, Hyderabad, was awarded a contract to provide catering for 50 participants of a National Shooting Coaching Camp from 15.11.2003 to 06.12.2003. The work order, approved by the Deputy Director of SAAP, fixed the rate at Rs.125/- per person per day. PW1 later submitted a bill of Rs.1,63,360/-, which was returned for corrections. Meanwhile, to meet ongoing expenses, an advance of Rs.1,00,000/- was issued via cheque on 05.12.2003, routed through the accused officer, who allegedly demanded a bribe of Rs.12,000/-, later reduced to Rs.10,000/-. On 22.12.2003, the accused again demanded the bribe over a phone call, threatening to withhold the final bill payment. Unwilling to comply, PW1 lodged a complaint with the ACB the same day.

(b) On 23.12.2003, Crime No.25/ACB-HR/2003 was registered by PW5 under Section 7 of the Prevention of Corruption Act, under Ex.P15/FIR. Following discreet inquiries that revealed the accused had a poor reputation, PW5 decided to lay a trap. With mediators PW2 and Mr.Sasibhushan present, all necessary pre-trap formalities were completed, including applying phenolphthalein powder to the intended tainted currency notes brought by PW1 and noting down their serial numbers in Ex.P5/pre-trap proceedings. The trap team proceeded to PW1’s canteen at IIIT, Gachibowli, where PW1 called the accused. Upon arrival, the accused demanded and accepted the bribe with his right hand and placed it in his pant pocket. The trap team, observing from nearby, immediately apprehended the accused, conducted a sodium carbonate test, recovered the tainted notes, compared their serial numbers with the serial numbers already noted in Ex.P5 and found them tallying and completed post-trap proceedings under Ex.P7. The chemical tests conducted on the accused and his wearing apparel yielded positive result. The accused was arrested at

5:25 PM on the same day.

(c) Investigation was done firstly by PW5 and later it was entrusted to PW6 and to PW7. Upon completion of investigation and obtaining Ex.P9/sanction from PW3, PW7 laid charge-sheet into the trial Court against the accused for the