U. Durga Prasad Rao, J. - (1.) This Criminal Appeal is preferred by the Accused Officer (AO) aggrieved by the judgment dated 01.02.2007 in C.C.No.26 of 2003 passed by learned Special Judge for SPE & ACB Cases, Vijayawada convicting him for the offences under Sections 7 and 13 (2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (for short "P.C Act") and sentencing him to undergo R.I for a period of two years and to pay a fine of Rs. 5,000/- and in default to suffer SI for three months on first count and suffer R.I for two years and to a pay fine of Rs. 5,000/- and in default to suffer S.I for three months on the second count with a direction that the substantive sentences of imprisonment under both counts shall run concurrently.
(2.) The factual matrix of the case is thus: (a) AO-Karri Venkata Rama Reddy worked as Additional Assistant Engineer (Operation), Eastern Power Distribution Corporation of Andhra Pradesh Ltd. (EPDC), Chagallu Section, West Godavari District during 2003. (b) According to prosecution, Katuri Satyanarayana- complainant (PW1) is a native of Nelatur village of Chagallu Mandal, West Godavari District and his uncle who is having 5 acres of land, applied for electrical connection for his agricultural bore-well about four years ago and as he is an old aged person, PW1 approached AO several times regarding electrical connection. On 20.03.2003 the AO demanded PW1 to pay bribe of Rs. 4,000/- and in spite of PW1 expressing his inability to pay the bribe amount, the AO did not heed his request. (c) On 26.03.2003 when PW1 met the AO on the road, AO reiterated his earlier demand and further threatened him that connection would not be given to his uncle unless the bribe amount was paid by 28.03.2003 evening. (d) Unwilling to pay bribe, PW1 submitted Ex.P2-report to DSP, ACB, Vijayawada Range, Vijayawada (PW6) on 27.03.2003 who after conducting discreet enquiries registered the same as a case in Cr.No.3/ACB-RCT-EWG/2003 and successfully laid a trap against AO on 28.03.2003 at 7.15 PM. On completion of investigation, charge sheet was laid against AO. (e) On appearance of AO, charges under Sections 7 and 13(2) r/w 13(1)(d) of P.C Act were framed against him and trial was conducted. (f) During trial, PWs.1 to 6 were examined and Exs.P1 to P17 were marked and MOs.1 to 7 were exhibited on behalf of prosecution. DW1 was examined and Exs.X1 to X3 were marked on behalf of defence. (g) The trial Court on appreciation of evidence held that prosecution proved the guilt of accused beyond reasonable doubt and accordingly convicted the AO, as stated supra. Hence, the appeal by AO.
(3.) Heard arguments of Sri P.Kesava Rao for Mr.K.Gani Reddy, learned counsel for appellant/AO and Sri M.B.Thimma Reddy, learned Special Public Prosecutor (Spl.P.P.) for ACB cases.;