JUDGMENT :

R. Banumathi, J.

This appeal impugns the order dated 05.02.2008 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.851 of 2002, allowing the appeal filed by the State, thereby setting aside the order of acquittal passed by the trial court. The High Court held the appellant-accused guilty of the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

2. Complainant-N.Ramakrishnappa (PW-1) retired as Special Grade Junior Engineer, Well Boring Sub-Division of Department of Public Health Engineering at Chitradurga. The complainant received his service benefits such as group insurance amount, medical reimbursement, GPF on 10.11.1997 and 14.11.1997 except D.C.R.G. and leave encashment benefits. The accused was then the Assistant Executive Engineer of the same Well Boring Sub-Division of Public Health Engineering at Chitradurga. On 16.12.1997, PW-1-complainant made an oral complaint before Police Inspector of Lokayukta, Chitradurga alleging that on 09.12.1997, the accused demanded a sum of Rs.5,000/-as illegal gratification from him for handing over ‘No Objection Certificate’ (NOC) to process his pens