CHIDANANDA ULLAL, J.

( 1 ) THE instant appeal is filed by the accused who had suffered conviction and sentence by the judgment dated 6-7-1993 passed in C. C. No. 146 of 1991 by the Court of Special Judge, metropolitan Area, Bangalore City. In filing the appeal, the accused had challenged the conviction and sentence.

( 2 ) I heard the learned Counsel for the appellant Sri K. Appa Rao and the learned High Court Government Pleader Sri B. H. Satish appearing for the respondent-State. I have also perused the case records including the case records of the Court below in c. C. No, 146 of 1991.

( 3 ) THE case in brief of the prosecution is as follows:the appellant was charge-sheeted in C. C. No. 146 of 1991 for the offences punishable under Section 13 (2) read with Section 7 read with Section 13 (l) (d) of the Prevention of Corruption Act, 1988 (for short hereinafter referred to as 'p. C. Act') by the karnataka Lokayukta Police before the learned Special Judge, metropolitan Area, Bangalore City (hereinafter referred to for convenience as the 'special Judge' ). The charge being framed and read over, the appellant pleaded not guilty of the same. To prove the charge against the appellant, the prosecution had examined as many as 9 witnesses, P. Ws. 1 to 9 and further got marked 50 documents as at Exs. P-1 to P-50 and further marked 8 M. Os. as per M. Os. 1 to 8. The appellant was also examined by the learned Special Judge under Section 313 of the Code of criminal Procedure. The appellant had not produced in his defence any evidence either oral or documentary before the learned Special Judge.

( 4 ) THE c 3 of the prosecution in brief is that the appellant being a public servant working as First Division Assistant in the office of the Regional Transport Officer, West Division, rajajinagar, Bangalore during the year 1990, demanded and accepted illegal gratification of Rs. 1007- from one p. W. 1-Subramanyam for showing him certain official favour in effecting change in the R. C. book with regard to transaction of sale of a scooter bearing registration No. CKE 1648 to his name from the former owner one K. S. Parameshwar and the appellant did it on 25-7-1990 and thereby committed the above offences. To elaborate the material particularities, it is stated that P. W. 1-Subramanyam purchased the above said Bajaj scooter from its previous owner, C. W. 4-Parameshwar. The R. C. book and the relevant papers for change of name from the name of parameshwar to the name of P. W. 1-Subramanyam are at Exs. P-5 to P-7. P. W. 1 submitted his application, Ex. P-8 on 23-7-1990 along with relevant papers-R. C. book and the relevant forms-Exs. P-9 and P-29 to the R. T. O's Office, West Division, rajajinagar, Bangalore. As stated above, the appellant was working as a First Division Assistant in the said Office and was dealing with such applications for change of entries in the R. C. Book. That P. W. 1-Subramanyam met the appellant on 23-7-1990 and enquired with him about his application for change of entries in the R. C. Book and P. W. 1 asked the appellant as to when he should go over to the Office of the appellant, to get the R. C. Book entries changed. It appears that the appellant informed P. W. 1-Subramanyam that he had to pay a bribe of Rs. 150/- to the appellant and that he would get the r. G, entries changed in his name on the same day. That P. W. 1 pleaded with the appellant that he was not having the money with him. That the appellant therefore informed P. W. 1 that r. G. Book entries would not be changed unless he paid him the money demanded by him. That P. W. 1 pleaded his inability to pay the sum, whereupon the appellant enquired P. W. 1 as to how much money he had with him at that time and at that, P. W. 1 replied that he had Rs. 20/- only. That the appellant had collected the said sum of Rs. 20/- from P. W. 1 and instructed him to bring the balance amount on the day next. When P. W. 1 pleaded with the appellant his inability to bring the balance sum,

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