These two appeals are filed by the appellants

challenging the judgment of conviction and order of

sentence dated 30.05.2012, passed against them by the

Special Judge, Bagalkote, in Special Case No.13/2009, for

the offence punishable under Sections 7, 13(1)(d) read

with Section 13(2) of the Prevention of Corruption Act,

1988.

2.

The accused No.1 has filed Crl.A.No.2693/2012,

while, the accused No.2 has filed Crl.A.No.2696/2012.

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Since both these appeals are arising out of the same

judgment, they are heard together and common judgment

is being pronounced.

3.

For the sake of convenience the parties herein

are referred with the original rankings occupied by them

before the Special Court.

4.

The brief factual matrix leading to the case are

as under:

That the complainant is a practicing advocate in

Bagalkote and he is engaged in handling civil, criminal,

LAC and other matters. It is further the case of the

prosecution that certain lands belonging to clients of

complainant were acquired and LAC awards were passed

and he has filed 7 execution petitions against SLAO, Upper

Krishna Project, Bagalkote. It is further the case of the

prosecution that SLAO has sent all the seven cases to

accused No.1 who is working as a Chief Accounts Officer,

for preparation of the bills and issuance of cheques

approximately amounting to Rs.15,00,000/-. It is the

further case of the prosecution that on 01.08.2007 in the

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morning at about 10.30 a.m. the complainant approached

accused No.2 who was handling the files and enquired

about the cheques. It is further the case of the prosecution

that at that time, accused No.2 asked the complainant

that they use to charge Rs.300/- for per lakh and he is

required to pay Rs.4,500/- in this regard and further

directed him that he can approach accused No.1 in this

regard. According to prosecution, then the complainant

met with accused No.1 and she has also reiterated the

same thing. The complainant asserted that Rs.4,500/- will

be heavy for him and he agreed to pay Rs.3,000/-. Then

the complainant returned with the assurance that he

would come back and pay the amount. Since he was not

willing, he filed a complaint in this regard before the

Lokayukta Police. On the basis of the complaint, Lokayukta

Police have registered a crime and issued FIR. Further two

panchas were summoned and the entrustment mahazar

was conducted in presence of panchas, as per Ex.P.15 by

entrusting the amount to complainant after having

recorded the serial numbers and smearing the same with

phenolphthalein powder. It is also alleged that the shadow

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witness PW.2 was asked to accompany the complainant

and the complainant was directed to pay the amount only

in case of demand. Then the complainant along with

shadow pancha approached accused No.2 who in turn took

them to accused No.1 and there on demand the

complainant has paid the amount to accused No.2 who in

turn paid it to accused No.1 and accused No.1 received it

and kept in her vanity bag. As pre-instructed, signal was

given by the complainant, the raid was conducted and

both the accused were trapped and their hand wash was

taken and the tainted amount was recovered from accused

No.2. Further the wash of inner lining of vanity bag was

also taken and their statements were also recorded and

then a trap mahazar was drawn. The complainant has also

seized the material documents and subsequently the

accused were enlarged on bail. Later on the Investigating

Officer has recorded the statement of witnesses and he

has also sent the material objects for FSL examination and

also collected certain documents from the office of both

the accused regarding their attendance. Then after

obtaining the sanction, the investigation was concluded

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and they found that there is sufficient material against the

accused and hence the charge sheet has been laid against

the accused. After submission of the charge sheet, the

learned Special Judge has taken cognizance and both the

accused were appeared befo