JUDGMENT :

This appeal has been filed seeking to set aside the judgment dated 28.12.2011 rendered by the Special Judge for CBI Cases, Madurai in CC No.4 of 2009.

2. The case of the prosecution is that the respondent, when he was working as an Assistant Superintendent of Post at Sivakasi, Sub Division, demanded Rs.5,000/- on 09.06.2009 from the d e facto complainant (PW.2-Ganeshpandi) out of Rs.20,000/- as illegal gratification for forwarding charge report to bill section for drawal of time related continuity allowance in respect of PW.2 and for want of charge report, PW.2 was not paid salary, though he joined duty on 16.04.2009 and releasing his salary, which was due for more than a month and for having appointed PW.2 as Gramin Dak Sevak/Mail Carrier and Deliver Power [in short 'GDS/MC/DP'], on 10.06.2009, the respondent had accepted the illegal gratification other than the legal remuneration in his office premises from PW.2 and thereby the respondent committed offence under Section 7 of Prevention of Corruption Act, 1988 [herein after referred to as 'PC Act'] and further being a public servant or otherwise misusing his official position the respondent himself obtained for pecuniary