- (1.) The appellant before us was charged for the offences punishable under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 before the Court of Special Judge (SPE and ACB Cases), Nellore and was found guilty of the said offences by the said Court which sentenced the appellant to undergo R.I. for 2 years and to pay a fine of Rs. 1,000/- for the offence punishable under Section 7 of the said Act and it also sentenced him to undergo R.I. for 2 years and to pay a fine of Rs. 1,000/- for the offence punishable under Section 13(1)(d) read with Section 13(2) of the said Act. Both the substantive sentences were however ordered to run concurrently.
(2.) The appeal filed by the appellant before the High Court of Andhra Pradesh at Hyderabad came to be dismissed but the High Court reduced the sentence to one year on both the counts while the sentences of fine imposed by the trial Court was sustained.
(3.) Prosecution case briefly stated is as follows : The appellant while working as Additional Public Prosecutor, Grade 1 (APP) at Nellore demanded a sum of Rs. 2000/- as illegal gratification on 31-7-1991 from PW-1 for effectively pursuing a criminal complaint filed under Section 138 of the Negotiable Instruments Act against one Mahiratnam Gupta. It is stated that after negotiation the appellant agreed to receive Rs. 1500/- instead of Rs. 2000/-. But PW-1 being aggrieved by such demand lodged a complaint with the Anti-Corruption Bureau pursuant to which a trap was laid. In the said trap, the appellant was caught receiving the said sum of Rs. 1500/- and the phenolphthalein test conducted pursuant to the said trap proved positive in his hand and inner lining of the shirt pocket where he had kept the amount received by him during the trap.;