JUDGMENT :

G. RADHA RANI, J.

1. As these appeals are arising out of the common judgment in C.C. No. 3 of 2009 dated 20.08.2013 convicting both accused Nos.1 and 2 for the offences under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (for short ‘P.C. Act’) they are disposed together by this common judgment.

2. Criminal Appeal No. 750 of 2013 is filed by the appellant/accused No. 1 aggrieved by the conviction and sentence recorded by the III Additional Special Judge for CBI Cases, Hyderabad in C.C. No. 3 of 2009 dated 20.08.2013 in convicting and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for three months for the charge under Section 7 of P.C. Act and to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for three months for the charge under Section 13(2) read with 13(1)(d) of P.C. Act and wherein both the sentences are directed to run concurrently.

3. Criminal Appeal No. 702 of 2013 is filed by the accused No. 2 aggrieved by the conviction and sentence recorded by the III Additional Special Judge for CBI Cases, Hyderabad in C.C. No. 3 of 2009 dated 20.08.2013 in convicting and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for three months for the charge under Section 7 of P.C. Act and to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for three months for the charge under Section 13(2) read with 13(1)(d) of P.C. Act wherein also both the sentences are directed to run concurrently.

4. The case of the prosecution in brief was that accused No. 1 was working as a Branch Manager in Andhra Bank, Lakshmapur Branch, Yellareddy Mandal, Nizamabad District and accused No. 2 was working as Cashier cum Clerk in the same branch. The father of the complainant was having an account in Andhra Bank, Lakshmapur Branch and he had taken a crop loan of Rs.6,000/- on 22.06.2005. He died accidently on 16.10.2007 by falling in a stream when he went to do labour work. There was a tie up between Andhra Bank and the United India Insurance Company under Abhaya Jeevan Scheme where if a customer of the bank would die accidentally, the insurance company would provide accident benefits and insurance to the customers. Accordingly, the complainant and his brother applied for the insurance claim and compensation and they received Rs.2,00,000/- as compensation on 17.01.2008 which was deposited in the joint account of the complainant and his younger brother. They still had to receive an amount of Rs.1,00,000/- towards crop claim insurance. The complainant visited the bank and met accused No. 1 on 10.07.2008. Accused No. 1 demanded a bribe of Rs.10,000/- for processing the claim and asked him to pay the first installment of Rs.5,000/- on 22.07.2008 to accused No. 2 and to pay the balance amount of Rs.5,000/- after receipt of the insurance amount.

5. Aggrieved by such demand, the complainant lodged a complaint before CBI officials. The same was registered as R.C. No. 20(A)/2008-CBI/ACB/Hyderabad on 22.07.2008. The CBI officials proceeded to lay a trap. Sri K. Nagender Rao, Inspector of Police acted as Trap Laying Officer. Sri S. Balraj and Sri S. Perumal, officials from United India Insurance Co. Ltd. and Food Corporation of India respectively acted as independent witnesses during the trap proceedings. The complainant arranged currency notes of Rs.5,000/- in Rs.500/- denomination, 10 in number to be paid as bribe. The CBI officials applied Phenolphthalein powder to the said currency notes and kept them in the left side shirt pocket of the complainant and instructed him not to touch the tainted currency notes until and unless demanded by accused and to give a signal to the trap team by wiping his face with the handkerchief as soo