K. Sreedhar Rao, J.—The appeal filed against the judgment of conviction passed against the appellant-accused in Special Case No. 39 of 1995 on the file of the Principal Sessions Judge, Gulbarga contending that the order of framing charge against the accused-appellant is illegal and that provisions of Prevention of Corruption Act of 1988 will not be applicable to the appellant as he is not a public servant.

2. The prosecution filed the charge sheet against the accused alleging that the accused-appellant working as a Tout was collecting money from the general public and from the students to get their necessary works done in the Tahsildar's Office at Gulbarga. On 23.6.1994 the accused assuring Tabraj Ahmad and Mohammad Peera Pasha that he would get the income certificate issued by the Tahsildar and demanded Rs. 40/- for getting their work done. In that connection collected Rs. 5/- as an advance and lateron the income certificates were collected by the said victims and balance of Rs. 35/- was paid. At that time, the accused was caught red handed by the Lok Ayukta Police. After completion of investigation, charge-sheet came to be filed. The Principal Sessions Judge framed the charge