JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the II Addl.District and Sessions Judge, Tumkur in Spl.Case No.67/2004 dated 2.7.2011 convicting the appellant/accused for the offence punishable under Section 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. The accused was sentenced to suffer RI for a period of six months and to pay fine of Rs.3,000/-, and RI for a period of one year and to pay of Rs.5,000/- and in default to pay the fine amount, to further undergo RI for three months and six months respectively for the offences punishable under Section 7 and 13(1)(d) r/w 13(2) of the P.C.Act respectively.

2. The factual matrix of the case of the prosecution is that on 01.12.2003 at about 15.05 hrs in Gubbi, the accused being a public servant who was serving as Second Division Surveyor in the office of Taluk Surveyor, Gubbi is alleged to have demanded and accepted illegal gratification of Rs.300/- from CW.1 with a motive to favour him in exercise of his official duty, thereby committing offences punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the P.C.Act.

3. Subsequent to registration of crime, PW.6 – J.B.R