1. Criminal Appeal No.716/2009 is filed by appellant (hereinafter referred to as 'accused') against the judgment of conviction for offences punishable under sections 7 & 13(1)(d) r/w section 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act') in Special Case No.19/2008, on the file of District & Sessions Judge at Ramanagara. The appellant was tried for aforestated offences. The learned Special Judge convicted accused for offences punishable under sections 7 & 13(1)(d) r/w section 13(2) of the Act. The learned Special Judge sentenced accused to undergo simple imprisonment for a period of six months and pay fine of Rs.20,000/-, in default to undergo simple imprisonment for a period of four months.

The State being aggrieved by the inadequacy of sentence has filed Criminal Appeal No.142/2010.

2. I have heard Sri P.Usman, learned counsel for accused and Smt.T.M.Gayathri, learned counsel for Lokayukta Police.

3. The case of prosecution in brief is as follows:- PW2-Narasingh was working as Head Master of Higher Primary School at Vajarahalli, Magadi Taluk. PW2 retired from service on 31.07.2002. On retirement, PW2 was entitled to receive pensionary benefits viz P