A.D. Jagadish Chandira, J.

Challenge has been made by the appellant/accused to the judgment of the learned XIII Additional Sessions Judge (Special Judge fro CBI Cases), City Civil Court, Chennai, in C.C.No.5 of 2009 dated 11.01.2012, in and by which, he was convicted for the offences u/s. 7 and 13[2] read with 13[1][d] of the Prevention of Corruption Act, 1988, and was sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in default, to undergo 3 months rigorous imprisonment for the offence u/s.7 of the Prevention of Corruption Act and was sentenced to undergo 4 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in default, to undergo 4 months rigorous imprisonment for the offence u/s.13[2] read with 13[1][d] of the said Act. The sentences were ordered to run concurrently.

2. The charges levelled against the appellant/accused are that, while the appellant/accused was working as a Part Time Sweeper in Punjab National Bank, Tiruvambattu Branch, Villupuram District, on two occasions, viz., 29.10.2008 and 30.10.2008, demanded illegal gratification of a sum of Rs. 5000/- other than the legal remuneration, from the complainant [P.W.2] for obtaining the Educational Loan from the Bank and also accepted the same, by abusing his official position and misusing the office.

3. The case of the prosecution, in brief, is as follows:-

[a] P.W.2-Subramanian, was a lorry driver by profession. He had deposed that he approached the Manager, Punjab National Bank, Tiruvambattu Branch, for availing Educational Loan for his son who was studying in an Engineering College at the relevant time and also submitted an Application [Ex.P.3]. The Manager [P.W.4] asked P.W.2 to furnish the Community Certificate as well as the Xerox Copy of the Ration/Family Card. P.W.2 furnished the documents, viz., XII Standard Transfer Certificate [Ex.P.4] ; Provisional Allotment given by the Anna University [Ex.P.5] ; Conduct Certificate [Ex.P.6] ; Estimate Statement [Ex.P.7] ; 12th Standard Mark List [Ex.P.8] ; 10th Standard Mark Sheet [Ex.P.9] ; Ration Card pertaining to the year 2005-2006 [Ex.P.10] ; Community Certificate [Ex.P.11] ; Residential Certificate [Ex.P.12] ; and Voters' Identity Card [Ex.P.13] along with the Loan Application. After receipt of the application and the documents and the signature of P.W.2, P.W.4 asked P.W.2 to meet him after 15 days. When P.W.2 approached P.W.4 after 15 days, P.W.4 had informed that he had received any Sanction order from the Head Office and that he was again asked to approach P.W.4 after 15 days. Once again, when P.W.2 went to meet P.W4, the appellant/accused asked him to wait since P.W.4 was attending to some work. After some time, the appellant/accused demanded a sum of Rs. 5000/- from P.W.2 by stating that he would obtain the sanction order from the Head Office. On the same day night, at about 8.00 p.m., P.W.2 informed the CBI Officials over phone about the demand made by the appellant/accused. They enquired him as to his name and address and also the reason for demanding such amount. P.W.2 narrated the happenings. The officials had informed him that they would come and enquire about the same on the next day. On the next day, the officials came to the residence of P.W.2 and enquired him. P.W.2 furnished all the relevant documents to them. On 30.10.2008 he had also given a written complaint to them. The said complaint is marked as Ex.P.14. When the officials asked P.W.2 as to whether he had got the amount as demanded by the appellant/accused, P.W.2 informed that he is having Rs. 5000/- with him [Rs.500/- notes-7 Nos ; Rs. 100/- notes-15 Nos]. The officials smeared phenolphthalein powder on the currency notes. The official by name Thiru Babu kept the money inside the shirt pocket of P.W.2 and asked P.W.2 not to take it out unless and until the appellant/accused demands the same. On the same day, at about 12.45 p.m., P.W.2 and one Kumar [trap witness] were made to alight the ca