(1) The appellant, who is the sole accused, has been tried, convicted and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 5,000/-carrying with the default sentence of one year rigorous imprisonment for the offence under Section 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") by the learned sessions Judge (Additional Sessions Judge-cum-Chief Judicial Magistrate, Ramanatha-puram, in C. C. No. 17 of 1997 by judgment dated 11. 12. 2001 has come forward with this appeal challenging the judgment of conviction and sentence.

(2) Charges against the accused : the accused was working as Municipal commissioner of Paramakudi Municipality. The charge against the accused is that on 26. 10. 1995 at 8. 20 p. m. at his municipal quarters at Madurai-Ramanathapuram main Road said to have demanded rs. 10,000/- as illegal gratification from p. W. 2, a relative of P. W. 4 and received a sum of Rs. 5,000/- for giving municipal drinking water connection to the house of P. W. 4 and thereby committed the offence under Sections 13 (2) r/w 13 (l) (d) of the Act. The prosecution in order to bring home the charges again