T. Rajani, J. - (1.) This appeal is preferred, by the appellant, who is the accused before the lower court, aggrieved by the Judgment, dated 03.07.2008, passed in C.C.No.17 of 2005, by the Court of Special Judge for SPE & ACB Cases, Vijayawada, by virtue of which the trial court convicted the accused for the offence under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act") and sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for three months for the offence under Section 7 of the Act and further sentenced to undergo SI for one year for the offence under Section 13(1)(d) of the act r/w 13(2) of the Act and also to pay a fine of Rs.1,000/-, in default to under Simple Imprisonment for three months.
(2.) The facts of the case, as per the complaint, briefly, are as follows: One Pothuraju Srikanth (hereinafter referred to as, "Complainant") purchased Lakshmi Ganapathi Modern Dall Mill at Gorantla, Guntur District, in an auction conducted by Andhra Pradesh State Finance Corporation in the year 1992. Thereafter, he changed its name as Kanaka Durga Cotton Ginning Mill and is running the business. But the electrical connection was not transferred in the name of the complainant. He conducted the business for some time and stopped the mill in the year 1998, as the business was not profitable. As the complainant failed to pay the electricity charges, the electricity department disconnected the electric meter bearing Service Connection No.38315. He intended to sell the mill and the proposed vendors expressed unwillingness due to the electricity connection not being restored and thereby, he approached the accused, who is the Assistant Engineer, APSPDCL, Guntur, for restoration of the electrical service connection to the mill and the accused informed him that he has to spend Rs.50,000/- in order to get new connection and for restoration of old electrical connection he has to pay Rs.30,000/- as bribe to him, in addition to that. Having expressed inability to pay the bribe amount, the complainant again approached the accused and on bargaining, the accused reduced the bribe amount of Rs.30,000/- to Rs.20,000/- and asked the complainant to pay Rs.10,000/- on 28.07.2003 and to pay the remaining amount after restoration of electrical connection to his mill. The complainant being unwilling to pay the bribe amount, gave a report to the District Inspector, ACB, Guntur, who in turn informed about the same to the Deputy Superintendent of Police, (DSP), ACB, Vijayawada. The DSP after causing appropriate enquiries, registered the same as a case in Crime No.29/RCT-ACB/VJA/2003 for the offence under Section 7 of the Act and took up investigation. During the course of investigation, the DSP, secured the mediators; laid trap proceedings against the accused; recovered the tainted currency notes from the possession of the accused; examined the witnesses and recorded their statements; arrested the accused and produced before the court seeking for remand and after concluding the investigation, filed charge sheet.
(3.) The trial court took the case on file and after complying with all the legal formalities, framed charges against the accused for the offences under Sections 7 and 13(1)(d) r/w 13(2) of the Act. The accused pleaded not guilty and claimed to be tried. During the course of trial, PWs.1 to 7 were examined and Exs.P1 to P15, and MOs.1 to 8 were marked. The accused was questioned about the incriminating circumstances appearing against him in the evidence of prosecution witnesses, when he was examined under Section 313 Cr.P.C. He denied the truth of the evidence and on his behalf, DW.1 was examined, but no documentary evidence was adduced. Ex.X1 was marked through witnesses.;