- (1.) This appeal, by special leave, has been filed by the State of Andhra Pradesh against the judgment and order dated 10.7.2006 passed by the High Court of Andhra Pradesh at Hyderabad, whereby the High Court has set aside the conviction and sentence of the respondent herein and acquitted him allowing the criminal appeal filed by him.
(2.) The facts of the present matter before us are that the accused respondent was working as Sub Registrar in the office of Sub Registrar and Assurance, Sattypali, Khammam District. On 18.3.1995 one Sri Burra Venkateshwara Rao, complainant, approached the respondent to get a Will deed registered in the name of his wife for transfer of certain extent of land. As alleged, the accused respondent demanded a sum of Rs.1000/- for the said registration work. After some bargain the demand was reduced to Rs.500/-. Since the complainant was not willing to pay the said bribe amount, he approached the Deputy Superintendent of Police, Anti Corruption Bureau, Warrangal (P.W. 8) and lodged a complaint on 20.3.1995, who registered a case in Crime No.1/ACB-WKH/95 under Sections 7 and 11 of Prevention of Corruption Act, issued FIR and took up investigation. Thereafter, P.W.8 requested the complainant to come to Neeladri Guest House at Penuballi on 21.3.1995 with the necessary amount. Accordingly the complainant along with his friend, namely, V. Edukondalu (P.W.1), went to Neeladri Guest House at Penuballi on a motorcycle at about 1.00 P.M. and P.W.8 introduced the complainant to one V. Yugender (P.W.7) and another. Thereafter, the complainant was asked to give the money only when the officer demanded it. The trap party consisting of P.W.8, two mediators, two inspectors and two constables, left the Guest House in a Jeep while the complainant, P.W.1 and P.W.2 went on a motorcycle. The raid party stopped the Jeep at a little distance from the office of the respondent at Sattupally. The complainant and P.W.1 went to a hut situated within the premises of Sub Registrar's office, where the complainant collected the Will document prepared by P.W.5 N.V. Chalapathi Rao, the document writer and stamps necessary for registration from P.W.4 B. Lakshmaiaha, the stamp vendor. Before handing over the Will document to the complainant, attestation was obtained from P.Ws. 1 and 2. Later on the complainant along with P.Ws. 1 and 2 went to the office of the respondent and gave the Will deed to the respondent, who after examining the Will deed, obtained the signatures of P.W.1, P.W.2 and P.W.3 K. Srinivas Rao, who were present there. When the complainant enquired about the registration fee of the document, the respondent said it would amount to Rs.81/-. The complainant took out Rs.81/- from inner pocket of his banian (vest) and gave it to respondent, who placed it in the table drawer. Thereafter, he prepared a receipt and handed it over to the complainant. It was subsequently alleged that the respondent demanded the bribe of Rs.500/- and that the complainant took out the tainted amount from his shirt pocket and gave it to the respondent, who kept the amount in the table drawer. Then P.W.1 came out of the office and gave the pre-arranged signal, pursuant to which the trap party entered into the office and P.W.8 - the Deputy Superintendent of Police (ACB) asked the respondent whether he has received the bribe amount to which the respondent denied. Then the phenolphthalein test was performed on fingers of both the hands of the respondent and the test on the right hand fingers proved positive. The respondent denied having received any bribe even when he was so asked by the mediators. On instructions of P.W.8, the mediators searched the right side drawer of the office table of the respondent and found three batches of currency notes in it, out of which one bundle containing currency notes of Rs.500 and Rs.100 denominations, tallied with the numbers noted by the mediators. The other bundle of Rs.9000/- was given account according to the records. An amount of Rs.9.50 paise was found in the drawer which was left by the customers due to non availability of change. Again on being asked, the respondent said that he did not know who kept the amount in the drawer. Post trap Panchnama was prepared and the respondent was arrested and released on bail. After completion of investigation, the Inspector of Police filed the charge- sheet. During the pendency of the trial, the de facto complainant Burra Venkateshwar Rao died on 10.6.1997.
(3.) In the Court of the Principal Special Judge for SPE & ACB cases, at Hyderabad, the learned judge after considering the material facts and evidence, found the accused guilty under Sections 7 and 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act. He was awarded conviction under Sections 7 and 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year under each count and also to pay a fine of Rs.1000/- under each count, and in default, he would suffer simple imprisonment for 2 months.;