JUDGMENT :

A.D. JAGADISH CHANDIRA, J.

1. This Criminal Appeal is filed, against the judgment of conviction and sentence, dated 29.08.2008, made in SC. No. 103 of 2004, by the Chief Judicial Magistrate Court, Krishnagiri, finding the Appellant guilty and convicting and sentencing him for the offence under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, to undergo one year Rigorous Imprisonment for each offence and to pay a fine of Rs. 1,000/-, in default, to undergo three months Simple Imprisonment and ordering the sentences to run concurrently.

2. The case of the Prosecution is as follows:-

(a) During the period from 29.10.2003 to 22.1.2004, the Appellant/accused was working as the Junior Assistant in the Thenkanikottai Town Panchayat Executive Office. When PW-2, Thimmaraj, complainant, had approached the Tamil Nadu Electricity Board, seeking electricity service connection for his newly constructed house, he was directed to get house tax receipt and No Objection Certificate from the Thenkanikottai Town Panchayat Office. Hence, PW-2 had made an application, Ex. P3, dated 8.1.2004 to the Town Panchayat Office and PW-4, Executive Officer, after endorsing the application of PW-2, had asked PW-2 to give it to the concerned Clerk, who is the Appellant/accused herein and accordingly, PW-2 gave his application to the Appellant/accused, who in turn directed, PW-7, Bill Collector, to verify the house of PW-2 and to file a report and accordingly, PW-7 had also given a report and PW-2 had given documents relating to his house.

(b) After perusing the documents given by PW-2, the Appellant/accused had demanded a sum of Rs. 4,000/- as bribe and on the request of PW-2, it was reduced to Rs. 1500/-. On 14.01.2004, when PW-2 approached the Appellant/accused to issue house tax receipt and No Objection Certificate, the Appellant/accused had again demanded a sum of R. 1,500/-. Since PW-2 expressed his inability to pay such a sum, the Appellant/accused asked PW-2 to come after Pongal Festival.

(c) Since PW-2 was not willing to give bribe, on 22.1.2004, PW-2 had made the complaint, Ex. P4 to PW-12, Inspector of Police. On receipt of Ex. P4, PW-12, Inspector of Police, had registered a case in Cr. No. 3/AC.2004 under Section 7 of the Prevention of Corruption Act, 1988 and prepared the First Information Report, Ex. P5 and arranged for trap proceedings. PW-12 had summoned two official witnesses, namely, PW-3, Ganesan, Junior Assistant, Agriculture Department and one Vijayaganesh, Staff of the Public Works Department, to witness the trap proceedings and they were introduced to PW-2.

(d) PW-12 had explained the trap proceedings in detail, including the significance of the phenolphthalein test to them and PW-2 brought Rs. 1500/- of three currency notes of Rs. 500 denomination (M.O.1 Series) and the said proceedings were noted in the mahazar Ex. P6. PW-2 was asked to hand over the tainted amount to the accused, if he made a demand of the same and also told them that if the accused accepted the money, he should come out of the Office and give a prearranged signal, by combing his hair by his both hands.

(e) Thereafter, along with the trap party, PW-2 reached Thenkanikottai Bus Stand, at 14.30 hours and the trap party were hiding at a distance of 20 ft. nearby the Office of the Appellant/accused and PW-2 and PW-3 went inside the Office of the accused and PW-2 and PW-3 were instructed to go and meet the accused. At 14.50 hours, PW-2 and PW-3 came out of the office and gave the prearranged signal and at that time, the Appellant/accused, after getting the tainted money and keeping the same in his left shirt pocket, was coming to the Office. On seeing the prearranged signal, PW-12 went inside the Office and enquired the Appellant/accused. Thereafter, sodium carbonate solution in two glasses were prepared and the Appellant/accused was asked to dip the fingers of his both hands separately and both the solutions turned pink. PW-12 seized t