(1.) THE Appellant, who hereinafter will be referred to as "the accused" was the surveyor during the relevant period. According to the prosecution, he demanded a sum of Rs. 200/ - from P.W.I as illegal gratification for measuring the land and received a sum of Rs. 150/ - at 5.30 p.m. on 15 -9 -1991. Therefore, he was prosecuted before the learned Special Judge cum Chief Judicial Magistrate, Thanjavur at Kumbakonam in Special Case No. 2 of 1992, for offences punishable under sections 7 and 13 (2) read with 13(1) (d) of the Prevention of Corruption Act (for short 'the Act') and the learned Special Judge, on the evidence adduced, convicted, and sentenced him to suffer rigorous imprisonment for six months for the offence punishable under section 7 of the Act. He was also directed to pay a fine of Rs. 300/ - with a default sentence of two months rigorous imprisonment and for his conviction under section 13 (2) read with 13 (1) (d) of the Act, he was sentenced to suffer rigorous imprisonment for a period of one year and also directed to pay a fine of Rs. 500/ - with a default sentence of three months rigorous imprisonment with a further direction that the substantive portion of the sentence will run concurrently, Hence the appeal.
(2.) THE case of the prosecution can be briefly summarised as follows : -
(3.) I have considered the contention and also perused the evidence. I have also heard the learned Government Advocate (Crl. Side)