Amitava Roy JUDGMENT
Amitava Roy, J.
1. The instant appeal calls in question the judgment and order dated 25.4.2008 rendered by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 262 of 2002, sustaining the conviction of the Appellant Under Section 13(1)(d)(i) & (ii) read with Section 13(2) of the Prevention of Corruption Act 1988 (for short hereinafter referred to as "the Act") and sentence thereunder, however setting aside his conviction and sentence Under Section 7 of the Act.
2. We have heard Mr. A.T.M. Ranga Ramanujam, learned Senior Counsel for the Appellant and Ms. Prerna Singh, learned Counsel for the Respondents.
3. The prosecution case stems from a complaint laid by one S. Jagan Mohan Reddy (since deceased) to the Deputy Superintendent of Police, Anti Corruption Bureau, Kurnool alleging that the Appellant who, at the relevant time was the Assistant Director, Commissionerate of Technical Education, Hyderabad had on 3.10.1996 demanded by way of illegal gratification Rs. 1000/- for effecting renewal of the recognition of his (complainant) typing institute, being run in the name and style of Rama Typewriting Institute in Laxminagar B. Camp, Kurnool since 1992. The complaint disclosed that on negotiation, the demand was scaled down to Rs. 500/- and the Appellant asked him (complainant) to meet him on 4.10.1996 in Room No. 68 of Meenakshi Lodge, Kurnool with the money demanded. Acting on the complaint, a case was registered and a trap was laid on 4.10.1996 and the tainted currency notes were recovered, in the process thereof, from the possession of the Appellant. On completion of the investigation, charge-sheet was filed against the Appellant, whereafter the charges Under Sections 7 & 13(1)(d)(i) & (ii) read with Section 13(2) of the Act were framed against him to which he pleaded "not guilty". At the trial, the prosecution examined seven witnesses and also adduced documentary evidence in support of the charges. As the complainant- S. Jagan Mohan Reddy had expired prior thereto, he could not be examined by the prosecution.
4. After the closure of the evidence of the prosecution, the Appellant was examined Under Section 313 Code of Criminal Procedure and was confronted with all the incriminating materials brought on record. He, however, denied the same.
5. The learned trial court, on an elaborate analysis of the evidence available, convicted the Appellant Under Sections 7 and