JUDGMENT :

A. BADHARUDEEN, J.

1. The sole accused in C.C.No.15 of 2005 on the files of the Special Judge, CBI–I, Ernakulam, has preferred this Criminal Appeal under Section 374 of the Code of Criminal Procedure (CrPC, for short hereafter) challenging conviction and sentence imposed against him, in the said case as per judgment dated 31.07.2006. Superintendent of Police, SPE/CBI is the respondent herein.

2. Heard the learned counsel for the accused/appellant and the learned Special Public Prosecutor appearing for the CBI in detail. Perused the prosecution records and also the decisions placed by the learned counsel for the accused/appellant.

3. The prosecution case is that, while the accused was functioning as a public servant in the capacity of Telecom Mechanic at the Irumpupalım Telephone Exchange, he demanded Rs.500/- from PW1 Smt.Subaida Aliyar on 15.6.2005 as illegal gratification as a reward for giving telephone connection No.272485 to her residence under the OYT Scheme and he had accepted Rs.200/- from her on the same day. Thereafter, the accused continued repeated demand for the balance illegal gratification of Rs.300/-. As she was being repeatedly contacted by the accused, PW1