JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374 (2) of Cr.P.C., pleased to pass an order to set aside the conviction order dated 20.04.2018 passed against the accused/appellant in C.C.No.11 of 2014 on the file of the Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai and acquit the accused/appellant in the above case.)

1. The appellant/Thota T.Shivakumar a public servant, while serving as Senior Section Engineer, Permanent Way in Southern Railways was trapped for receiving illegal gratification of Rs.15,000/- on 07.03.2014. He was tried and found guilty by the Special Court for C.B.I cases, Chennai, for the charge under Section 7 of Prevention of Corruption Act and for the offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. He was sentenced to undergo 2 years R.I and to pay fine of Rs.15,000/- in default to undergo 3 months S.I. For each of the above two offences. However, the period of substantive sentence was ordered to run concurrently.

2. Aggrieved by the conviction and sentence, the present appeal is preferred.

3. The sum and substance of the prosecution case is that, the accused while working as Senior S