G. Jayachandran, J.

1. This appeal is preferred against the judgment of conviction and sentence passed in Special Case No. 2/2005 on the file of learned Special Judge, Cuddalore, dated 14.10.2011.

2. The appellant is M. Rajendran, Former Additional Extension Officer [Panchayats], Cuddalore Panchayat Union. The Trial Court has found him guilty for demand and receipt of Rs. 3,000/- as illegal gratification for disbursing the group Insurance policy benefit of Rs. 1,00,000/- to Kuppammal wife of late Kannan, Overhead tank operator.

3. The case of the prosecution in brief One Thiru. Kannan, who served as Overhead tank operator at Pathirikuppam Panchayat, Cuddalore District died on 07.03.2004. He was a member of the group Insurance Scheme and in view of his death, his wife Kuppammal was entitled to get a sum of Rs. 1 lakh as Insurance benefit. The President of Pathirikuppam Panchayat, Cuddalore one Thiru. Kuppasamy through his letter dated 08.03.2004 had informed the Block Development Officer, Cuddalore about the demise of Thiru. Kannan and had requested for disbursement of the group Insurance benefit. On receipt of the request letter, the Block Development Officer had wrote back to the Panchayat President to furnish documents such as service records, Death Certificate, detail regarding the payment of Insurance subscription, legal heirs certificate and Affidavit from the legal heirs. On submission of all these documents the Panchayat Union Office on 30.08.2004 had forwarded the request to Insurance Company for issuance of cheque. Accordingly, the Life Insurance Corporation has issued a cheque dated 28.09.2004 in favour of K. Kuppammal for a sum of Rs. 1 lakh.

4. During the relevant point of time, the appellant herein M. Rajendran was the Additional Extension Officer [Panchayats]. On 17.10.2004, the appellant M. Rajendran had gone to the house of Kuppammal and informed her that cheque is ready and told her son should meet him on the next day at Panchayat Office. So, on 18.10.2004 her son Kanaga Vijayan [the defacto complainant] met the appellant at about 12.00 pm in the Panchayat Office. At that time, the appellant herein had demanded Rs. 5,000/- for disbursement of the cheque. He had agreed to receive Rs. 3,000/- at the time of issuing cheque and the balance of Rs. 2,000/- to be paid after encashment of the cheque. Since, Kanagavijayan was not inclined to give bribe for receiving the insurance benefit, he went to the Vigilance and Anti Corruption Office, Cuddalore and given a complaint on 18.10.2004 informing about the demand of illegal gratification by the appellant. The Inspector of Police, Vigilance and Anti Corruption, Cuddalore had received the complaint and registered the case under Crime No. 16 of 2004 for offence under Section 7 of Prevention of Corruption Act. Thereafter, the trap was arranged on the next day i.e., 19.10.2004 at about 8.00 am in the Cuddalore, Vigilance and Anti Corruption Office. The pre-trap proceedings was conducted in the presence of two witnesses namely Siva Kumar [P.W. 3] Fisheries Department, Cuddalore and Sedhuraman, staff of Hand loom Department. Four five hundred currencies and Ten hundred rupees currencies totally Rs. 3,000/- were smeared with phenolphthalein and handed over to the defacto complainant Kanagavijayan [P.W. 2]. He was asked to take out the money and give it to the appellant Mr. Rajendran if he demands. One of the decoy witness SivaKumar [P.W. 3] was asked to accompany the defacto complainant and his mother to oversee the transactions. Rest of the trap team followed the defacto complainant and waited for pre arranged signal outside the Panchayat Office, Cuddalore.

5. At about 11.10 am, Kanagavijayan [P.W. 2], Siva Kumar [P.W. 3] and Kuppammal [not examined] met the appellant Rajendran. When Rajendran demanded whether they have brought the money, P.W. 2 [Kanagavijayan] took out the tainted money of Rs. 3,000/- and gave it to the appellant. On receiving the money, the appellant co