This Criminal Appeal is directed against the judgment rendered by learned Chief Judicial Magistrate cum Special Judge, Tiruvannamalai in Special Case No.4/2004 on 02.03.2007.

2. The case of the prosecution is that the appellant herein while working as Secretary in Chengam Co-operative Housing Society. Mr.Pichandi - the defacto complainant during the month of November and December 2002 came to the said Society and enquired the appellant for redeeming the mortgage loan of his father-in-law, Mr.Rajarathinam, who availed housing loan from the Society but, died before clearing the dues. At that time, the appellant demanded illegal gratification from the defacto complainant to get back the documents of his father-in-law. Since, the defacto complainant was not inclined to give bribe, he reported the same to the respondent Police on 03.02.2003 they laid trap and caught the appellant red handed on 04.02.2003, immediately after receipt of the tainted money of Rs.3,000/-.

3. Based on the final report, the trial Court has framed two charges for offence under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Eight witnesses were examined on behalf of the prosecutio