1. This appeal is directed against the judgment of the learned Special Judge for Trial of Prevention of Corruption Act Cases, Madurai in Special Case No.23 of 2011 dated 07.08.2013.

2. For the sake of convenience, the parties are referred to as per the rank mentioned in the trial Court. The gist of the charges framed against the appellant/A1 and findings/sentence of the trial Court are as noted below:

Name of Accused	Charges	Finding	Sentence
A1. K.M.Subramanian	Secs.7 and 13(1) (a) & (d) read with 13(2) of Prevention of Corruption Act, 1988.	Found guilty under Secs.7 and 13(1) (a) & (d) read with 13(2) of Prevention of Corruption Act, 1988.	to undergo rigorous imprisonment for one year (two counts) and also pay a fine of Rs.1,000/- for each count and in default of payment of fine, the accused shall undergo simple imprisonment for 3 months

3. The brief facts of the prosecution case are as follows:

(i) The first accused is an I.A.S. Officer in Tamil Nadu Cadre and working as Commissioner of Social Welfare Department, Government of Tamil Nadu from 27.06.2001 to 27.10.2002. The second accused is an Industrial Co-operative Officer. While the first accused was working as Commissioner of Social Welfare Department, a monthly review meeting was conducted at Chennai on 24.09.2002 for the officials of Industrial Co-operative of Weaning Food Societies and in that meeting, they had decided to make an official visit to Souther Districts Industries with an intention to collect illegal gratification from the officials of the above Societies. In order to execute his intention, he instructed the second accused to convey the message to the Officers in the Districts of Tirunelveli, Virudhunagar and Madurai. Accordingly, the second accused instructed the Officers. The first accused had visited the said Districts during 24.10.2002 and 25.10.2002 and during his visit, he demanded a sum of Rs.5,000/- from each of the Industrial Co-operative Officers and obtained a totally a sum of Rs.1,05,370/- other than the legal remuneration, as a motive or reward to do an official act in the exercise of his official function and to desist from taking action against the officials for their non compliance in maintaining records and for their failure in adhering the instructions and rules made thereunder relating to the functioning of the Co-operative Societies.

(ii) During the visit of the first accused, on 25.10.2002 at about 1.00 p.m., P.W.23, Mutharasu, Inspector of Police, Vigilance and Anti-Corruption, Madurai has received an information from one Srinivasagam, Deputy Superintendent of Police, V & AC Department (since deceased) that the first accused had come to Southern Districts for inspection of Nutritious Meal Centres and the 1st accused was compelling each Centre to pay a sum of Rs. 5,000/- and P.W.23 was instructed to verify the genuineness of the same. Thereafter, the said DSP procured two official witnesses viz., P.W.4 Samuel Sunder Singh, Deputy Inspection Cell Officer and P.W.5 N.Ganesan, Superintending Engineer, Tamil Nadu Electricity Board (TNEB), Madurai and they came to the vigilance office at about 4.30 p.m. on 25.10.2002. P.W. 4, P.W.5, Rajkumar and Shanmugavel and other police personnel along with said DSP Srinivasagam were keeping watch over the Circuit House. AT about 6.00 p.m., 1st accused arrived at the Circuit House in a Santro Car. P.W.11 Ganesan also accompanied him and the 1st accused straightaway went to Suite No.7A and about 15 persons were found entering into the suite and coming out one after another. Thereafter, 1st accused went out in a Qualis car and returned at about 9.45 p.m. and about 5 or 6 persons, who were waiting outside entered into the suite one after the other and came out. At that time, two persons viz., Alagarsamy and P.W.11 Ganesan, who came out of the suite wer