( 1 ) THE appellant herein is the accused in C. C. No. 5 of 1995 on the file of the Special Judge for SPE and acb Cases, Nellore. He was convicted by the judgment dated 5-12-1997 for the offence punishable under Section 7 of the prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for two months. He was acquitted of the charges under Section 13 (1) (d) read with Section 13 (2) of the Prevention of corruption Act.

( 2 ) DURING the pendency of this appeal, the appellant-accused died and his son being his only legal representative was brought on record as per the orders of this Court dated 10-12-2001 in Criminal miscellaneous Petition No. 18162 of 2001, permitting him to continue the appeal.

( 3 ) THE accused worked as Village administrative Officer of Chittathur village of Thottambedu Mandal, Chittoor District from 25-3-1992 to 24-2-1994. The charge against the accused is that on 1-12-1993 B. Chenchu Ratnam Naidu-PW1, a resident of Karakollu hamlet of Chittathur village applied to the Mandal Revenue Officer, thottambedu for assigning Kalva Poramboke under lease patta. As there was no action on the said application, PW. 1 submitted another application for issuing lease patta on 24-1-1994 addressed to the Mandal revenue Officer, Thottambedu along with the statements of Meti Ryoths of his village and Gram Panchayat Resolution. About 10 days prior to 5-2-1994, PW1 met the accused at Chittathur Village and enquired about the lease patta and handed over one more set of statements of Meti Ryoths and gram Panchayat resolution copy. After receiving the above records, the accused demanded a bribe of Rs. 1,000/- for getting the work done, but PW1 expressed his inability to pay the demanded bribe amount and went to his village. Again on 5-2-1994 morning at 6. 00 a. m. , PW. 1 went to the house of the accused and enquired about the lease patta. The accused reiterated the demand of bribe amount and instructed PW1 to come to the M. R. O. , Office on 7-2-1994 with the demanded bribe amount to recommend his case to the Mandal Revenue officer for issuing lease patta of one acre kalva Poramboke. PW1 was not willing to pay the demanded bribe amount to the accused. Therefore, on 5-2-1994 he made a report before the Deputy Superintendent of police, And Corruption Bureau (DSP ACB) pw13. On 7-2-1994, PW1 met the accused at Agricultural Market Committee Check post near Thottambedu MRO Office and paid the demanded bribe amount. When the accused received the bribe amount with his right hand and kept in his shirt left chest pocket, he was trapped as there was a demand and acceptance of gratification other than legal remuneration by the accused from PW1.

( 4 ) THE charge against the accused is that he being a public servant, on 7-2-1994 accepted Rs. 1,000/- from PW1 for himself in pursuance of his previous demand on 5-2-1994 and also 10 days prior to 5-2-1994 towards gratification for doing official favour in exercise of his official function in favour of PW1, which is an offence punishable under Section 7 of Prevention of Corruption act. The said demand and acceptance of gratification other than legal remuneration by corrupt means is also an offence of criminal misconduct punishable under section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act.

( 5 ) TO prove the said charges, the complainant B. Chenchu Ratnam Naidu is examined as PW1, one mediator to the trap is examined as PW2 and the Investigating officer is examined as PW13. The Mandal revenue Officers who worked at the relevant point of time are examined as PWs. 7, 9 and 10. Ex. P1 is the application filed by PW1 on 24-1-1994 and the report given to the DSP acb. , dated 5-2-1994 is Ex. P6. The file relating to the grant of lease patta in respect of Sy. No. 277 situated at Chittathur Village is marked as Ex. D13.

( 6 ) IT is the case of the prosecution t