JUDGMENT :

A. BADHARUDEEN, J.

1. Sole accused in C.C.No.35/2008 on the files of the Enquiry Commissioner and Special Judge, Kottayam, has preferred this appeal, challenging conviction and sentence imposed against him in the above case dated 28.1.2010. Respondent herein is the State of Kerala.

2. Heard the learned counsel for the appellant/accused as well as the learned Public Prosecutor. Perused the judgment under challenge along with the records of the Special Court.

3. In a nutshell, the prosecution allegation is that, on 18.4.2005, the accused, who was working as Assistant Engineer, Travancore Devaswom Board Section Office, Mavelikkara, demanded Rs.5,000/- from Sri.B.Vijayakumar, the complainant, as illegal gratification as a motive for sanctioning bill for the works executed by him in relation to Karunamattom Devaswom under the Mavelikkara group of Devaswom Board. The further case is that, pursuant to the said demand, at 11.40 a.m. on 20.04.2005, the accused demanded and accepted Rs.5,000/-. On this premise, the prosecution alleges commission of offences punishable under Section 7 as well as Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Ac