Point of law: Supreme Court held that once it is shown that amount received by any accused is towards illegal gratification, presumption has to be raised.

JUDGMENT :

1. Since both these appeals arise out of judgment in C.C.No.10 of 2004 preferred by the Accused Officers 1 and 2, they are being heard together and disposed off by way of this Common Judgment.

2. Criminal Appeal No.1035 of 2008 is preferred by the Accused Officer No.2 and Criminal Appeal No.1036 of 2008 is preferred by the Accused Officer No.1. For the sake of convenience, parties herein after will be referred to as arrayed in the Calendar Case.

3. The AOs. 1 and 2 were convicted for the offence under Section 7 of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs.1,000/-, in default to pay fine amount, to undergo Simple Imprisonment for three months and also sentenced to undergo rigorous imprisonment for one year each for the charge under Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, and also to pay fine of Rs.1,000/- each and in default, to undergo Simple Imprisonment for a period of three months vide judgment in C.C.No.10 of 2004 dated 05.08.2008, passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. Aggrieved by the same, present appeal is filed.

2. The case of the prosecution is that AO1 is the Forest Section Officer, AO2 is the Forest Guard and both were part of Flying Squad. On 06.01.2003, AOs 1 and 2 went to the Saw-mill maintained by P.W.1 at Vanasthalipuram, which was taken on lease in the name of his wife from one Sri Ramachary. Both AO’s threatened that a case would be booked against them for possession of teakwood. On the request of P.W.1, AO1 booked the case against one Ashok, worker in the Sawmill and collected compounding fee of Rs.50,000/- and issued a receipt. Thereafter, AOs 1 and 2 started demanding mamool of Rs.5,000/- and threatened P.W.1 that they wood book a case and that he cannot run business and used to make threatening calls every day.

3. On 21.01.2003, AO2 called PW.1 and asked him to keep money ready and he would call to receive the same. On 22.01.2003 AO1 called P.W.1 and asked him to come to Hotel Quality-Inn Residency, Nampally and bring the demanded bribe amount of Rs.5,000/-. Vexed with the demands, P.W.1 lodged a complaint Ex.P1 on 22.01.2003 with P.W.10, Deputy Superintendent of Police and a crime was registered.

4. On 23.01.2003, trap was arranged and P.W.1 along with the bribe amount and his friend P.W.2 went to the DSP office. DSP secured two independent witnesses, P.W.3 and another. The trap party, having gathered in the ACB Office on 23.01.2003, conducted pre-trap proceedings under Ex.P4. Thereafter, the trap party proceeded to Quality-Inn Hotel at 10.30 a.m after completing pre trap proceedings in the ACB Office at 9.45 a.m. P.Ws.1 and 2 entered into the Coffee shop and met AO1. AO1 showed some papers to P.W.1 which he took out from the rexine bag he was carrying. All the happenings in between AO1 and P.Ws.1 and 2 was visible to the trap party, who were waiting in the hotel lobby. At about 11.15 a.m, P.Ws.1 and 2 came out and walked towards the cellar of the hotel. The DSP and other trap party members also followed them at a distance. When P.Ws.1 and 2 and AO1 went near the cellar, at about 11.25 a.m, P.W.2 gave pre-arranged signal to the trap party. The trap party then proceeded and questioned AO1 regarding the bribe amount. P.W.1 informed that AO1 demanded and accepted an amount of Rs.5,000/- and placed it in the rexine bag he was carrying. AO1 was asked to rinse his fingers in sodium carbonate solution and his right hand fingers turned positive to the test. AO1 then informed on questioning that he had accepted the amount towards compounding fee and opened the bag he was carrying, the mediator took out the currency notes and on verification found to have tallied with the bribe amount. The bribe amount and diary were seized. The diary had come into contact with bribe amount, which was also tested for phenolphthalein and seized. Money receipt book wh