- (1.) This appeal is directed against the final judgment and order dated 03.10.2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 436 of 2001 whereby the High Court dismissed the appeal filed by the appellant herein and confirmed the judgment dated 19.03.2001 passed by the Special Judge, C.B.I. Cases, Visakhapatnam in C.C. No.2 of 1998.
(2.) Brief facts: (a) The appellant-accused was working as a Head Clerk in the Traffic Cadre Section in the Office of the Senior Divisional Personnel Officer, South Central Railway, Vijayawada during the period from April, 1992 to November, 1997. The nature of duties of the appellant-accused included dealing with and processing of the matters like promotions, transfers, seniority list, roster list, pay fixation on promotions, retirements, resignations etc. of the personnel. b) One K. Rama Rao-the Complainant, who was examined as PW-1, was posted as Yard Points Man, Grade A' under Station Superintendent, South Central Railway, Tanuku from December, 1995 to June, 1997. In June, 1997, due to excess staff at Tanuku, he was instructed to report at Head Quarters, Vijayawada and accordingly, when he reported there, he was asked to go back to Tanuku. Thereafter, he went back to Tanuku from where he was subsequently transferred to Rajahmundry. Thereafter, PW-1 made a representation to his senior officer requesting him for posting at Vijayawada, Cheerala, Vetapalam or Tenali. Later, PW-1 was transferred to Vijayawada. (c) As the appellant-accused was dealing with the transfers, the complainant (PW-1) met him on 05.11.1997 at his office to pursue about the issuance of the said transfer order. The appellant-accused asked him to come on 10.11.1997. When he met him on 10.11.1997, the appellant asked him to come on the next day as he was busy in pay-fixation work. On 11.11.1997, again he went to the office of the appellant but he could not find him on his seat. Again a day after i.e. on 13.11.1997, when he met the appellant-accused, he informed him that his request for transfer has been processed and the order is ready and the same has been placed before the A.P.O. for signature and asked him to come on the next day, i.e., on 14.11.1997, and demanded Rs.200/- for releasing the said office order. (d) On the same day, (PW-1) reported the matter in writing to the Inspector of Police, Central Bureau of Investigation (in short the CBI), Vijayawada. On 14.11.1997, a trap was laid by the CBI officials along with panchas and when the accused demanded and accepted a sum of Rs.200/- as illegal gratification, he was caught red handed along with the money which was recovered from the right hand side pocket of his pant. (e) On 15.11.1997, at 7.30 a.m., an FIR was registered by the Inspector, CBI, Visakhapatnam Branch in Crime No. RC 20(A)/97-VSP. After recording the statements of the witnesses, Inspector of Police, CBI, Visakhapatnam filed charge sheet being No. 2/98-YTR dated 29.04.1998 against the appellant-accused for an offence punishable under Sections 7, 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") in the Court of Special Judge for CBI Cases at Visakhapatnam. (f) The Special Judge, CBI, by order dated 19.03.2001, convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- and, in default, to suffer simple imprisonment for one month for the offence punishable under Section 7 of the Act and one year rigorous imprisonment with a fine of Rs.500/- and, in default, to suffer simple imprisonment for one month for the offence punishable under Sections 13(1)(d) (ii) read with Section 13(2) of the Act. (g) Against the said order, the appellant-accused filed Criminal Appeal No. 436 of 2001 before the High Court of Andhra Pradesh. The High Court, by impugned judgment dated 03.10.2007 dismissed the appeal filed by the appellant- accused and confirmed the conviction passed by the trial Court. Hence, the appellant-accused has preferred this appeal by way of special leave petition before this Court.
(3.) Heard Mr. ATM Rangaramanujam, learned senior counsel for the appellant and Mr. Harish Chandra, learned senior counsel for the respondent. Notice only on quantum of sentence-hearing on all aspects-Permissibility: ;