JUDGMENT

MADAN MOHAN PUNCHHI, J:- This appeal by special leave is against the judgment and order of Allahabad High Court maintaining the convictions of the appellant recorded by the Additional Special Judge, Allahabad under S. 161 Penal Code and under S. 5(2) of The Prevention of Corruption Act and the sentences imposed thereunder.

2. The appellant, Tej Bahadur Singh, in the year 1975 was working as a Sub-Inspector in the local Intelligence Unit at Allahabad. The complainant, Raisuddin was posted there as a Train Examiner. He used to reside in his own house in the locality known as Shahrarbagh. On December 18, 1975, the appellant is said to have visited the house of Raisuddin introducing himself as an official of the Intelligence Department. The appellant after making some enquiries from the complainant informed the latter that he was reported to be an active member of the Jamat-e-Islami and Muslim Majlis, threatening him as well that if these facts were reported to the authorities not only would he be adversely affected service wise but could as well be detained preventively. Having gained ground, the appellant is said to have demanded a sum of Rs. 500/- from the complainant as price for his desisting from taking any action in the matter. Though to begin with the complainant denied being a member of any of those organisations, the appellants insistence on the payment of bribe money made the complainant agree to such course and for the purpose he sought time to arrange the money. As settled with the appellant the complainant agreed to pay to him the said amount of Rs. 500/- four days later on 21st December, 1975 at 7.30 p.m. in the complainants house. However, in this meeting, the complainant, as alleged, could not know the name of the appellant.

3. The complainant did not relish the idea of being dealt with in this manner. Accordingly, on the following day on 19th December, 1975 he made a written complaint to the District Magistrate, Allahabad, suggesting laying of a trap for arresting the unknown public servant who had come to his house and demanded illegal gratification from him. The District Magistrate on the receipt of the complaint ordered laying for such a trap. The job was assigned to Shri H. N. Srivastava, Deputy Superintendent of Police, Circle Officer. In pursuance thereof, on the morning of 21st December, 1975, Shri Srivastava had the statement of the complainant recorded by the City Magistrate, Allahabad. The numbers of currency notes worth Rs. 500/- which had to pass as bribe were given in such statement. Then in the evening at about 5.00 p.m. the same currency notes were produced before Shri Srivastava for preparation of a memorandum in that regard in the presence of public witnesses. The trap party was then formed consisting of witnesses, namely, Raisuddin (PW 1), Ghulam Mohammad (PW 2), Syed Kazim Hasan (PW 3) and Shir H. N. Srivastava, Deputy Superintendent of Police (PW 5). The trap party and other police functionaries boarded a jeep from Kotwali police station and went to the house of the complainant reaching there at about 6.20 p. m. The jeep was parked on the road where from they walked a hundred paces in a lane to reach the complainants house.

4. Now some details of the house of the petitioner would be relevant. It is seen from the site plan that the outer door of the house of the petitioner faces the lane and opens in a small room admeasuring 8 ft. x 8 ft. which has been described as the drawing room. Behind that is another room which measures 8 ft. x 12 ft. There is a connecting door in between these rooms, besides a window, and the said window and the door were stated to be curtained. The trap party, as goes the prosecution case, entrenched themselves in the inner room whereas the complainant Raisuddin sat in the drawing room in wait of the appellant. Both the rooms were lit by electric tube light and it was about 6.20 p.m. at that time. Statedly, the appellant came to the house of the complainant about