JUDGMENT :

K.BABU, J.

This appeal is directed against the judgment dated 30.03.2012 passed by the Enquiry Commissioner and Special Judge, Kozhikode in C.C.No.32 of 2004. The appellant/accused, the then Inspector of Police, Sreekandapuram Police Station, was convicted for the offences punishable under Sections 7 and 13(1) (d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced to undergo rigorous imprisonment for a term of two years each and pay a fine of Rs.10,000/-each.

CASE OF THE PROSECUTION

2. The accused was working as Inspector of Police, Sreekandapuram Police Station during 2003. The defacto complainant (PW1) was running a shop by name 'V.C. Traders' at Chempanthotty, Taliparamba. The accused demanded illegal gratification to the tune of Rs.5,000/-per month in the form of ‘masapady‘ over phone to PW1. The accused accepted a sum of Rs.7,000/-in two instalments and demanded the balance sum being Rs.3,000/-from the complainant on 11.01.2003 and 16.01.2003. The accused threatened PW1 that he would face problems if the money he demanded was not paid and directed him to pay the amount of Rs.3,000/-on 17.01.2003 at his residence. PW1 filed a complaint before PW7,