IMPORTANT POINT
The two elements of demand of illegal gratification and voluntary acceptance of the same must be established to attract punishment u/ss 7 and 13 (1) (d) read with Section 13 (2) of P.C. Act, 1988.

JUDGMENT

Chandramauli KR. Prasad, J. —

1. The appellant, at the relevant time was posted as Deputy Chief Engineer, Railway Electrifications, South Central Railway. He was put on trial for commission of the offences under Section 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred ‘the Act’). Special Judge for CBI cases at Visakhapatnam by judgment and order dated 15th of February, 1999 passed in C.C. No. 17 of 1997 held him guilty of the aforesaid offences and sentenced him to undergo rigorous imprisonment for a period of one year and fine of Rs. 2,000/-, in default to suffer simple imprisonment for three months for the offence under Section 7 of the Act. The appellant was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for three months for the offence under Section 13 (1) (d) (ii) read with Section 13 (2) of the Act. Both the substantive sentences were directed to run concurrently.

2. Aggrieved by the same he preferred appeal and High Court by its judgment dated 29th of July, 2005 passed in Criminal Appeal No. 499 of 1999 had affirmed the conviction and sentence of the appellant and dismissed the appeal. Aggrieved by the same the appellant has preferred this appeal with the leave of the court.

3. According to the prosecution, the appellant at the relevant time was posted as Deputy Chief Engineer, Railway Electrification, South Central Railway, Vijaywada. PW-1, M. Venka Reddy (hereinafter referred to as the ‘contractor’), during the years 1992-1994, was awarded the contracts of railway electrification between railway stations Bhongir and Sanathnagar and Maulali and Sanathnagar bypass under agreement No. 29 dated 3.4.1992 and agreement No. 41 dated 20.11.1992 respectively. Further by agreement No. 3 dated 18th October, 1994 work to provide height gauges at railway crossing between Vijayawada and Gannavaran was awarded to him. According to the prosecution the contractor completed the works to the satisfaction of the railway authorities and in respect of the works covered by aforesaid agreement nos. 29 and 41 he received the payment. The contractor also completed the work covered under agreement No. 3 dated 18.10.1994 aforesaid in the month of March, 1995. The appellant was the competent authority to pass the bills and accordingly the contractor met him on 19.4.1995 and requested to finalise the bill. It is alleged that the appellant told to the contractor that he had passed the final bill and demanded Rs. 3,000/- as illegal gratification and reminded the contractor that he did not pay any amount in respect of earlier bills. The contractor expressed his inability to pay the illegal gratification but the appellant insisted and asked him to bring the money on 20th April, 1995. The contractor was not willing to pay the illegal gratification and accordingly he met the officials of the Central Bureau of Investigation and gave a written report (Exh. P-1 dated 19th of May, 1995). Being satisfied with the bonafide of the allegation, a pre-trap exercise was undertaken by PW-7, S.B. Shankar in which PW-2, G.T. Kumar besides the contractor participated. PW-2, G.T. Kumar at the relevant time was posted as Inspector of Central Excise and on the instruction of office Superintendent, he had gone to participate in the pre-trap exercise. It is alleged that the contractor alongwith the shadow-witness PW-2, G.T. Kumar went to the office of the appellant but he asked the shadow- witness to go out of the chamber. Shadow witness left the chamber. However, contractor brought the shadow witness in the chamber and explained to the appellant that he is his financer. Despite that shadow-witness was asked to leave the chamber and he went out. Thereafter appellant demanded the money and the contractor handed over the tainted money to him, which he received from his right hand and kept in right side pocke