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Sri P. Satyanarayana, S/o. Veera Raghavaiah, AO, worked as Additional Assistant Engineer (Operations), A.P. TRANSCO, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Sub-Station 33/11 KV, T. Narsapuram, West Godavari District. He is a ‗Public Servant' within the meaning of Section 2(c) of the PC Act.

Sri Thota Peddi Raju (LW.1), S/o. Venkanna, resident of Tedlam Village, T. Narsapuram Mandal, West Godavari District is working as Head Master in M.P. Elementary School, Kethavaram, AVRB,J West Godavari District. Son of LW.1 is having agricultural lands at Sriramavaram, H/o. Tedlam village and he dug a bore well in the lands and paid Rs.50,620/- during 1996 through Andhra Bank Demand Draft, as per the estimation made by AO for electrical service connection to the bore well dug in the fields of his son. LW.1 roamed around the office of AO for the above electrical service connection. He was informed that it would be given on priority basis. Subsequently, LW.1, on coming to know that agricultural service connection was sanctioned to his son, on priority basis, met the AO at his residence in the morning on 20.10.1999 and asked the AO about the service connection. AO informed him that electrical service connection was sanctioned to his son on priority basis and that the connected material has to be drawn and demanded Rs.5,000/- to give service connection to the bore well of his son. When LW.1 pleaded his inability to pay the demanded bribe amount, the AO reduced it to Rs.4,000/-. When LW.1 intimated to AO that he had no money and informed his financial constraints, AO asked him to pay the same after receiving his (PW.1's) salary. Therefore, LW.1 reluctantly agreed to pay the bribe to AO. He went to the office of Deputy Superintendent of Police (DSP), ACB on 30.10.1999 and presented a report to the DSP with a request to take action. The ACB officials AVRB,J registered his report as a case in the aforesaid Crime and took up investigation.

AVRB,J

7. AO found an illegal service connection drawn by the son of PW.1 directly from the pole without any valid service connection. Hence, he made the son of PW.1 to pay penalty of Rs.5,000/- on 29.10.1996 along with other charges as such the said service connection was regularized. Accordingly, SC No.210 was allotted. Hence, PW.1 and his son bore grudge against him and implicated in the false case. Before his joining at Narsapuram on 01.07.1995, PW.2 applied for service connection of 7.5 HP in the year 1992. It was in seriatim by the time he took charge as Additional Assistant Engineer at T.Narsapuram. He prepared the estimation on 08.02.1996 and after its sanction, PW.2 paid service connection charges by way of DD. Subsequently, ban was imposed by the Government. After lifting of the ban, he has drawn the material regarding service connection of PW.2 and deputed his Assistant Lineman - J.V.Ramana Murthy to verify physically as to where the material has to be transported and in turn he reported that already PW.2 was granted SC No.210 for the bore well already existing. Hence, he directed J.V.Ramana Murthy to call PW.1 and his son. They came on 05.07.1999. He asked them whether they are ready to take service connection or surrender the material which was already drawn for which they requested him to allot service connection and material sanctioned to the well of wife of AVRB,J PW.1, which is at a distance of half K.M. away from the land of PW.2. Then, he informed them that it is not possible as it is against the Rules. They picked up quarrel and made a galata in his office and left the office angrily. PW.2 was having only one bore well for which SC No.210 was in existence. He did not have any other bore well for taking fresh connection. That is why his request was refused by AO. On the date of trap, while he was in his house, PW.1 called him and when he questioned about his visit, PW.1 requested him to give electrical service connection in the name of his son in the land of his wife and suddenly picked up a bundle of currency notes and forcibly kept it in his right hand and ran away in spite of his calling. Then, he chased him up to the gate then he was intercepted by 7 or 8 officials to whom he spontaneously represented that he never demanded or accepted any bribe. Then, the DSP dictated some proceedings to one of the officials.

25. PW.1 deposed that his son has agricultural lands at Sreeramavaram, H/o.Tedlam Village and he dug a bore well in his lands. In the year 1992, his son submitted an application to Additional Assistant Engineer, AP TRANSCO, T.Narsapuram for electrical service connection to the bore well. As per the estimation of TRANSCO, his son paid Rs.50,620/- in March, 1996 by way of demand draft. He and his son used to roam around the office of Assistant Electrical Engineer, T. Narsapuram for allotment of service connection. On one occasion, the AEE i.e., the AO told him that electrical service connection will be given to his son on priority basis. In October, 1999 he came to know that the agricultural service connection was sanctioned to his son on AVRB,J priority. On 20.10.1999 during morning he went to the residence of AO and asked about their agricultural service connection. AO intimated to him that it was sanctioned and he demanded a sum of Rs.5,000/- bribe in order to draw the connected material. He was informed that unless the bribe amount is paid, his son would not get the agricultural service connection to the bore well. He pleaded his inability to pay the demanded bribe and on his request, AO reduced the amount to Rs.4,000/-. When he informed to AO that he was not having any money and he further informed his financial position, AO asked him that as he is a salaried person after receiving the salary to pay the demanded bribe amount on 02.11.1999 at his house. He reluctantly agreed to pay the demanded bribe amount as there was no option. On 30.10.1999 he visited the office of DSP, ACB and presented a report. Ex.P-1 is his written report, dated 30.10.1999 with his own hand writing. He was asked by DSP, ACB to come to his office on 02.11.1999 at 02:00 a.m. along with the proposed bribe amount of Rs.4,000/-. He further testified that he went to the office of DSP and spoken about the facts relating to pre trap. His evidence in this regard will be discussed at appropriate places. Insofar as the post trap proceedings is concerned, the evidence of him on material aspects is that during the post trap, he went to the house AVRB,J of AO at about 06:15 a.m. He called the AO, who was in the house. Then, he came out into verandah. He enquired AO about the pending agricultural service connection. AO asked him as to whether he brought the demanded bribe. He gave a positive reply. He took the amount from his pocket and gave it to AO and AO received the amount with his right hand. Then, he came out and gave the pre arranged signal to the trap party. The trap party members came to the gate of the house of AO, AO attempted to escape and they caught hold of him. He showed the AO to DSP. DSP instructed him to wait outside. After one or two hours, he was called by DSP. On enquiry, he told to DSP as to what was happened.

35. Now, it is appropriate to look into the relevant cross- examination part of PWs.1 and 2, as it is the contention of AO that already PW.2 had a service connection vide No.210, there was a difficulty in giving newly sanctioned service connection etc. PW.1 during cross-examination deposed that during the year 1992 after digging the bore well, his son applied for agricultural service connection. He denied that his son has unauthorizedly availed electrical service connection without the knowledge of the office of AO and used electrical consumption for agricultural purpose in 1996. He does not remember whether AO was the Additional Assistant Engineer to T.Narsapuram at the time of submitting the application in the year 1992. He cannot say that AO joined as AAE to T.Narsapuram on 01.07.1995. He does not know that after AO AVRB,J joined in T. Narsapuram, during the course of his enquiries, he found that his son unauthorizedly availed agricultural service connection to his land as such imposed penalty of Rs.5,000/- and other charges and regularized their service connection after payment of necessary charges as per Rules. It is true that after AO took charge, the estimation in respect of their agricultural service connection was sanctioned. The agricultural service connection number allotted to his son is 210. He did not state in Ex.P-1 or when he was examined how SC No.210 was allotted to his son. He does not know that after lifting of the ban and after his son's service connection was sanctioned on priority basis, AO has drawn the connected material in September, 1999 and deputed Assistant Lineman - J.V.Ramana Murthy to verify physically as to where the material has to be transported and that on verification, J.V.Ramana Murthy reiterated that his son was granted SC No.210 for the bore well already existed and there was no other bore well and that AO deputed his person to secure the presence of his son. He does not remember whether he (PW.1) and his son visited the office of AO on 15.10.1999. His wife has lands in Survey No.145/1, 2 & 3 which is at a distance of more than half kilometer. He denied that he and his son went to the office of AO on 15.07.1999 and AO asked them whether they are ready to take AVRB,J the service connection or to surrender the material, which was already drawn for the service connection, and that then he requested the AO to allot the service connection and the material sanctioned to it in the lands of his wife where they proposed to dig another bore well. He denied that AO informed them that it is against the Rules and asked them to give a fresh application after digging the bore well and then they bounced on him and made a galata. He denied on account of the above, they implicated the AO.