JUDGMENT :

This appeal is filed by the appellant/accused challenging the judgment and order of conviction and sentence rendered by the Principal Sessions Judge & Special Judge at My sore in Spl.Case No.140/2004 dated 29.10.2010, convicting the appellant/accused for the offence punishable under Sections 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.

The accused was sentenced to undergo imprisonment for a period of two years and to pay fine of Rs.5,000/- for the offence punishable under Section 7 and in default to pay the fine amount, to undergo imprisonment for six months. For the offence punishable under Section 13(2), the accused was sentenced to undergo imprisonment for a period of three years and to pay fine of Rs.15,000/- and in default to pay the fine amount, to undergo imprisonment for one year. The sentences were ordered to run concurrently.

2. Heard Sri Chandrashekar. P., learned counsel for Smt. Vijetha R.Naik, learned counsel appearing for appellant and Sri B.S. Prasad, learned Spl.PP for respondent – Lokayukta.

3. The factual matrix of the appeal is as under:

It is stated in the complaint that on 22.12.2003, accused said to a public servant working a