JUDGMENT :

1. The present Appeal is filed against the conviction and sentence imposed in C.C. No. 22 of 2004 on the file of the Special Judge for CBI Cases, Hyderabad, on 07.11.2008, wherein, the Appellant who was tried for the offences punishable under Sections 7, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, was convicted and sentenced to suffer Simple Imprisonment for a period of four years and to pay a fine of Rs.1,000/-, in default, to suffer Simple Imprisonment for three months each under both the counts. The sentence of imprisonment imposed under both the counts were directed to run concurrently.

2. The substance of the Charges against Accused Officer is that, on 09.06.2003 at 1.40 p.m., the Accused Officer in pursuance to his earlier demand is said to have accepted Rs.1,000/-towards illegal gratification as a motive for releasing Earnest Money Deposit and Security Deposit.

3. The facts, as culled out from the evidence of the prosecution witnesses, are as under:

i. PW1 who was a contractor in civil works took contract work for maintenance of buildings of BSNL, Chittoor, Kadapa and Nellore Districts, in pursuant to the tender called for by the Executive