JUDGMENT/ORDER

1. This appeal filed by the convicted accused is directed against the judgment of conviction and order of sentence passed in special case No.126/2009 dtd. 23/7/2011 by the District and Special Judge at Chamarajanagara wherein, the appellant/accused was convicted for the alleged offence punishable under Ss. 7 and 13(1)d r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and directed to undergo imprisonment for a period of 4 years and also to pay a fine of Rs.25, 000.00 in default, he shall suffer further simple imprisonment for a period of 5 months.

2. The factual matrix of the prosecution case are that:-

The appellant was working as Taluk Executive Officer of Taluk Panchayat at Yelandur. Under Dr.B.R.Ambedkar self employment scheme, the complainant-Shivamurthy, who was examined as PW.2 in this case and other beneficiaries have applied for loan in the said scheme at Dr. B.R.Ambedkar Development Corporation. The appellant/accused being Executive Officer of Taluk Panchayat had to send recommendation to the said development corporation for sanctioning the loan under the said scheme. In this regard, PW.2-the complainant, PW.4-Ningaraju and CW.8-