JUDGMENT :

A. BADHARUDEEN, J.

1. The 1st accused in C.C.No.23 of 2002 on the files of the Enquiry Commissioner and Special Judge, Kozhikode, has preferred this Criminal Appeal under Section 374 of the Code of Criminal Procedure (for short ‘CrPC.’), challenging conviction and sentence imposed against him in the said case dated 30.12.2008. The respondent is the Vigilance and Anti-Corruption Bureau (VACB), represented by the learned Special Public Prosecutor.

2. Heard the learned counsel for the 1st accused/appellant and the learned Special Public Prosecutor. Perused the records of the special court as well as the decisions placed by the learned Special Public Prosecutor in detail.

3. The prosecution case is that the 1st and 2nd accused while working as Secretary and Head Clerk respectively of Alanellur Grama Panchayat and as such being public servants abused their official position and as a sequel thereof and at 11 a.m on 12-12-2000, at the office of the Alanellur Grama Panchayat, demanded illegal gratification of Rs.1,000/- and Rs.250/- respectively, for themselves, to give advance payment of Rs.25,000/- from the whole estimate amount of Rs.1,00,000/- from the complainant, the Convene