JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal has been filed against the impugned judgment of the Madras High Court dated 31.01.2006 by which the appeal of the accused-appellant against his conviction under Section 7 read with Section 13 of the Prevention of Corruption Act by the Trial Court was upheld.

3. Heard learned counsel for the parties and perused the record.

4. The facts in brief are that the appellant (hereinafter referred to as ‘the accused’) was employed as group “D” staff, A/C and Power, Harbour Telephone Exchange, Chennai-1 and as such, he was a public servant. It is alleged that the accused demanded and accepted a sum of Rs. 1500/- on 9.11.1992 from Kumaresan (P.W. 2), who is the cousin of Tmt. Nagalakshmi at No. 38, Mosque street, Vadapalani, Chennai-26, as illegal gratification for getting permanent telephone connection under OYT. The amount was demanded at 8.05 p.m. on 9.11.1992 in the house of Tmt. Nagalakshmi and the appellant was caught red handed while demanding and accepting the illegal gratification.

5. Jayakumar (P.W. 5), who is the younger brother of the accused has been working as LDC in Madras Telephones Commercial Section (South), G.R. Complex,