JUDGMENT :

K. Surender, J.

1. The appellant aggrieved by the conviction recorded by the Principal Special Judge for SPE & ACB Cases, City Civil Court at Hyderabad for the offences under Sections 7 and Section 13(1)(d) r/w 13(2) of the Act of 1988 of the Prevention of Corruption Act, 1988 (for short “the Act of 1988”) and sentenced to undergo rigorous imprisonment for a period of one year under both counts vide judgment in CC No.14 of 2005 dated 29.12.2009, the present appeal is filed.

2. Briefly, the case of the defacto complainant/P.W.1 is that he was sub-contractor of P.W.4, who secured the contract for laying road from Ramagudem to Pandavarigudem with the R & B Department. The agreement in between P.W.4 and R & B is Ex.P9. The said work had to be completed within 2 months from the date of agreement. P.W.4 was unable to execute the work and handed it over to P.W.1. Accordingly, P.W.1 completed work within stipulated time having invested money for completion of the work. The appellant was the concerned Assistant Engineer who recoded measurements in the M Book. P.W.1 was given an amount of Rs.2.00 lakhs and also 34 tons of rice towards part payment of the contract. According to P.W.1,