Judgment

UNTWALIA, J.:- This is an appeal by special leave. The appellant along with one Vikram Singh was convicted by the Special Judge, Sikar under Section 161 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 500/-. The appellant was further convicted under Section 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act, 1947 - hereinafter called the Act. But no separate sentence was awarded to him under this count. Both of them filed appeal in the Rajasthan High Court. The appeal of Vikram Singh was allowed by the High Court. His conviction and sentence were set aside. It has, however, maintained the conviction of and the sentence imposed upon the appellant.

2. The case against both the accused was initiated on report Ext. P-7 lodged by complainant Mohan Lal, P.W. 11 on 4-6-1963. before the Superintendent of Police, Anti-Corruption Department, Jaipur , Mohan Lal at the relevant time was the Secretary of the Gram Sewa Sahakari Samiti, Dadia. In the complaint it was alleged by Mohan Lal that in the month of January, 1963 he handed over charge to P.W. 7, Bhuraram, Chairman of the Samiti, and proceeded to Sikar in order to impart(?) Chief Officer s training. On his return to Dadia in February 1963, he requested Bhuraram to hand over charge back to him. Bhuraram informed Mohan Lal that Appellant Sitaram, Assistant Inspector, Co-operative Societies, Shri Madhopur had taken away the whole record of the Samiti from him. Mohan Lal further alleged that he had approached accused. Vikram Singh, Inspector. Co-operative Societies, Shri Madhopur as well as Sitaram for return of the record but they evaded doing so on one pretext or the other. Eventually both the officers demanded Rs. 400/- as bribe from him for setting right the record, which according to them. revealed embezzlement of a huge amount. Along with his report Ext. P-7 complainant Mohan Lal produced four currency notes of Rs. 100/- each before P.W. 13 Paneysingh, Superintendent of Police. The latter noted down the numbers of the currency notes on the back of Ext. P. 7 and after making initials on them handed over the report as well as the notes to the Deputy Superintendent of Police, Anti-Corruption Department; P.W. 12 I. S. Pant. The Dy. S. P. along with other police officers and constables reached Shri Madhopur Railway Station on 4-6-1963 at 9.30 p.m. In presence of P.W. 2 Mukandsingh and P.W. 6 Sardarsingh, the two motbirs, and P.W. 9 Sugansingh, honorary Secretary of the Samiti, the Dy. S. P. made over the initialled currency notes to the complainant for passing them on to accused Vikramsingh and Sitaram in compliance with their demand for bribe. The two motbirs were directed to watch, see and hear the talks between the complainant and the accused at the time of the handing over of the notes to them. Mohan Lal along with Sugansingh and two motbirs then proceeded to the office of the panchayat samiti at Shri-Madhopur. Mohan Lal and Sugansingh went inside the office. The two motbirs remained standing on the road outside the office. Sometime later the two accused, complainant Mohan Lal and P.W. 9 Sugansingh left the Panchayat office and went to a hotel. After taking tea there, accused Vikramsingh went away saying that the amount be paid to appellant Sitaram. Thereafter the complainant the appellant and Sugansingh left the hotel. When they had covered some distance on the road the appellant is said to have demanded the amount from the complainant. Thereupon the latter handed over the initialled currency notes Exts. 1 to 4 to him. The complainant then made the appointed signal by rubbing his head. The raid followed and the Dy. S.P asked the appellant to Produce the four currency notes worth Rs. 400/- which he had accepted as bribe. On his evading to do so his person was searched and the initialled four currency notes were recovered from the pocket of the appellant s shirt. After completing the investigati