1. These two Criminal Appeals are directed against the sentence and conviction passed by the learned Principal Special Judge for CBI Cases, Chennai in C.C.No.29 of 2004 dated 13.08.2010 is preferred by the accused persons.

2. Brief facts of the case is that M/s.Hawwa Exims, a firm in Exporters and Importers of goods, imported Cell Phone Accessories from China, during the month of December 2003. When the consignment reached the Port of Chennai, the appellant herein who was the Appraiser at customs house, Chennai alleged to have demanded Rs.10,000/- as bribe for clearing the goods from Mohideen Sahib, the Manager of M/s.Hawwa Exims. The complaint in this regard, against the appellant was lodged at C.B.I Office on 11.12.2003 by Mohideen Sahib on the instruction of his employer Mr.Zahir Hussain.

3. Based on the complaint, case was registered and the trap was arranged. On 11.12.2003 at about 4.15 pm, the defacto complainant Mohideen Sahib [PW.8] along with PW.2 [Sridharan] went to Customs House and met the accused. PW.8 gave Rs.5,000/- to A2 [Selvamani] as per the instruction of A1 [M.H.Ansari]. The tainted currency of Rs.5,000/- was later recovered by the trap team from A2 [Selvamani].

4. After completion of the investigation, final report against A1 [M.H.Ansari] and A2 [Selvamani] were filed and taken cognizance by the Trial Court for offences under Section 34 IPC r/w 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 against A1 and A2. For demand of Rs.10,000/- on 11.12.2003 at 11.30 am from Mohideen Sahib [PW.8] receiving Rs.5,000/- as advance through A2 [Selvamani], at 4.15pm on 11.12.2003 as motive for clearing consignment, which is punishable under Section 7 of Prevention of Corruption Act, 1988 and for abusing his official position to obtain pecuniary advantage by corrupt or illegal means punishable under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act 1988 as against A-1 [M.H.Ansari].

5. To prove the charges, the prosecution has examined 10 witnesses and 24 documents were marked as prosecution Exhibits. On the side of the defence 2 witnesses were examined and 5 Exhibits were marked. The trap money, sample solutions collected from the hand wash of A1 and A2 and the sample solution collected during the demonstration of pre-trap proceedings were marked as material objects M.O.1 to M.O.7.

6. The Trial Court after considering the evidence let in by the prosecution and evidence in defence found A1 and A2 guilty of offences under Section 34 IPC r/w Section 7 and 13 (2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo R.I for one year each and also to pay a fine of Rs.2,500/- each in default to undergo R.I for 2 months each.

[i] A1 is convicted under Section 7 of Prevention of Corruption Act and sentenced to undergo R.I for one year and also to pay a fine of Rs.2,500/- in default to undergo R.I for 2 months and convicted under Section 13(2) r/w 13(1)(d) of P.C Act, 1988 and sentenced to undergo R.I for 2 years and also to pay a fine of Rs.5,000/- in default to undergo R.I for 3 months. The sentence of imprisonment imposed on the accused ordered to run concurrently.

7. Aggrieved by the conviction and sentence, A1 [M.H.Ansari] has preferred Crl.A.No.536 of 2010. A2 [B.Selvamani] has preferred Crl.A.No.537 of 2010.

Gist of the prosecution case

8. Zahir Hussan is the Proprietor of M/s.Hawwa Exims, [Exports and Imports], at Egmore, Chennai. Mohideen Sahib [PW.8], Manager was in-charge of clearing the goods from customs house. According to PW.8, on 10.12.2003, he went to customs house at Rajaji Salai to clear Bill for import of mobile phone covers and spare parts from China. When he met the Appraising Officer M.H.Ansari [appellant herein] at about 11.30 hours, the appraising Officer after perusing the bill of entry marked as Ex.P.11 and invoice marked as Ex.P.12 told that the goods are undervalued. When PW.8 [Mohideen Sahib] informed the accused that they have cleared similarly goods fo