The conviction and sentence dated 29.11.2007 passed in Spl. Case No. 2 of 2002 by the learned Chief Judicial Magistrate/Special Judge, Trichy are being challenged in the present Criminal Appeal.

2. The appellant herein was found guilty under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 for demanding monthly bribe of Rs.1,000/- from one Peiryasamy, son of Muniyandi, under threat, if bribe money of Rs.1,000/- per month is not paid, he will foist a false case against him under the Tamil Nadu Prevention Act.

3. The facts of the case unfurled in the following manner.

(i) Periyasamy was once an illicit arrack brewer. He was also arrested and convicted in the year 1996 for the said offence. Later he got reformed and leading a peaceful life as an agriculturist. However, in the beginning of the year 1999, a false case was foisted against him by Somarasampettai Police Station, Trichy District, and later he was acquitted. He has lodged a complaint to the higher authorities about the high-handedness of the prohibition wing police for foisting case against him. While so, on 04.12.2000, Head Constable Chandrasekaran, attached to Prohibition Enforcement Wing, Thiruveru