N. ANANDA, J.—The appellant (hereinafter referred to as ‘accused’) was tried, convicted and sentenced for offences under Sections 7 and 13(1)(d)(ii), punishable under Section 13{2) of the Prevention of Corruption Act, 1988 (for short, ‘the Act’). Therefore, he has filed this appeal.

2. I have heard Sri S.R. Krishnakumar, learned counsel for appellant/accused and Smt. T.M. Gayathri, learned counsel for respondent/Lokayukta and I have been taken through evidence and the impugned judgment.

3. The case of prosecution, in brief is as follows:

During the year 2001, accused was working as an Assistant Engineer in the Directorate of Sericulture, his office was situate at Okalipuram at Bangalore. P.W. 2-Basappa was a Class III P.W.D. Contractor. P.W. 2 used to execute civil works contract entrusted on tender or piece work basis.

During the year 2001, P.W. 2 had been entrusted with two tender works of value of Rs. 1,30,000/- and Rs. 1,45,000/- to be executed in the Government Cocoon Market Building at Chinthamani. In fact, bills in respect of works executed were settled. The accused, who was the Assistant Engineer asked P.W. 2 to do some additional works such as painting, fixing of windo