ORDER

The appellant, at the relevant time, was serving as an overseer with Nedumangad Municipality. PW-2 Sasidharan Nair was a contractor with the Municipality. According to the prosecution case, the appellant demanded a sum of Rs. 200/- as bribe from PW-2 for refunding earnest money and security deposit amounting to Rs. 500/-, which had been deposited at the time of submission of tender for maintenance work of Poovathoor road, which work was completed by the contractor, PW-2 by 12.7.1984. PW-2 submitted a bill for Rs.10,000/-. He was, however, paid Rs. 8706.12 only after measurements were taken. On 28th August, 1984, PW-2 applied for release of earnest money and security deposit. His application was referred to the appellant for report. It is at the point of time on 18th October, 1984 that, it is alleged, appellant demanded Rs. 200 as bribe from PW-2 for processing his refund application. It is further alleged by the prosecution that on 19th October, 1984, PW-2 paid Rs.50/- to the appellant and left after promising to pay the balance amount of Rs. 150/-. PW-2, then made a complaint (Ext. P-6) at the headquarter of Vigilance Wing. The complaint was recorded by Dy. S.P., A. Thanka