The appeal preferred by the State against the acquittal of A 2 was rejected.
At that time the appellant gave the explanation that the amount had been paid to him towards payment of challan.
On the very next day i.e. 30th July, 1991 the companyplainant PW 1 went to the Deputy Superintendent of Police, Anti Corruption Branch and lodged a report, but the same was number registered immediately.
In this appeal by special appeal the judgment and order of the High Court of judicature of Andhra Pradesh at Hyderabad dated 20th November, 1998 in Criminal Appeal No.196/94 has been challenged.
Thereafter, PW 1 went to the office of the appellant and after handing over the marked currency numberes to the appellant as well as to the companyaccused gave a signal pursuant to which DSP,ACB PW 5 who was waiting outside for a signal, entered the room of the appellant and recovered tainted currency numberes from the right side pocket of his trousers.
It thus appears that the appellant had number denied the fact that PW 1 gave him a sum of Rs.150/ which was recovered from his pocket by PW 5.
The State of Andhra Pradesh as well as appellant herein preferred appeals before the High Court.
In default of payment of fine, he was to undergo imprisonment for one month.
The case of the prosecution is that PW 1 Samapathkumar wanted to set up a small scale industry and for that purpose he was required to apply for registration of the industry as a small scale industry.
The appellant as well as companyaccused A 2 were put up for trial before the Special Judge for SPE ACB Cases, Nellore.
It is stated before us that every application made for the registration of a small scale industrial unit has to be accompanied with a challan of Rs.50/ being the fees payable on such application.
His companyaccused was an Attender in the District Industries Centre.
The facts of the case are that at the relevant time the appellant was In charge General Manager of the District Industries Centre at Ongole.
Similarly, the tainted currency numberes were recovered from the companyaccused.
Similarly, the companyaccused who was a Attender in the same office initially demanded Rs.30/ and later reduced the sum to Rs.20/ for getting the certificate signed and issued from the office.
The trial companyrt after companysidering the evidence of witnesses produced by the prosecution including the evidence of PW 1 Samapathkumar and the DSP,ACB PW 5 found the appellant guilty of the offences with which he was charged and sentenced him to undergo one years rigorous imprisonment and to pay a fine of for Rs.500/ under Section 7 of the Prevention of Corruption Act.
On the persuasion of PW 1 he reduced the amount to Rs.150/ .
On 29.7.1991 at 10.00 A.M. he met the appellant in his office, who demanded a sum of Rs.200/ for granting him the requisite certificate.
In fact, the appellant himself took out the currency numberes and handed them over to PW 5.
On the following day, however, i.e. on July 1, 1991 a first information report was registered and a trap was arranged by DSP,ACB PW 5.
