ORDER :

1. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 290 of 1997, dated 30.06.2005 whereby the High Court has upheld the judgment and order of the Trial Court in SPL CC No. 28/96 dated 18.03.1997.

2. The brief facts of the case are as follows: The appellant had been working as a Junior Assistant in the office of the Deputy Registrar, Bangalore University at the time of the alleged incident. In November 1992, the complainant (PW-2) approached the appellant for the issue of a provisional certificate. After multiple meetings, the appellant, stating that a payment would have to be made to his Superintendent for the issuance of provisional certificate, demanded a sum of Rs.50/- as bribe and PW-2 agreed to the same.

3. On 23.11.1992, PW-2 filed a complaint before the Deputy Superintendent of Police, Lokayukta, City Division (PW-6) who then registered a case as Crime No. 24/92. Pre-trap proceedings, including smearing the currency with phenolphthalein powder were completed. Immediately thereafter, PW-2, together with the shadow witness (PW-1), went to the appellant's office and handed over the tainted currency notes to him. On PW-2's signal, the trap team, led by PW-8 entered the appellant's office and questioned him regarding the tainted currency notes given to him by PW-2. The tainted notes were seized and their chemical examination was completed. The appellant was arrested and then released on bail. Subsequently, on sanction for prosecution being received, the investigation was completed and a charge sheet was filed before the Trial Court.

4. Thereafter, on summons being issued, the appellant appeared before the learned Special Judge. After both sides were heard, charges were framed against the appellant for offences under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short "the Act"). The charges were read over and explained to the appellant who pleaded not guilty. Consequently, the case was committed to trial.

5. The prosecution examined 8 witnesses and produced 11 documents and 10 material objects. The appellant's statement was recorded under Section 313(1)(b) of the Code of Criminal Procedure (for short, "the Code") wherein he stated that he had been falsely implicated.

6. The Trial Court considered the evidence on record as also the arguments of the parties and noticed that the evidence on record was sufficient to prove that the appellant had demanded illegal gratification from PW-2 in return for showing official favour. The Trial Court further rejected the appellant's contentions that the prosecution's case was mala fide; that the tainted currency notes had been forcibly placed in his pant pocket by PW-2; and, that the order of sanction for prosecution was invalid. Therefore, the Trial Court concluded that the appellant was guilty of the offences charged against him and, vide judgment and order dated 18.03.1997, convicted the appellant and sentenced him to simple imprisonment for one year and a fine of Rs.1000/- for the offence under Section 7 of the Act and simple imprisonment for one year and a fine of Rs.1000/- for the offence under Section 13(1)(d) of the Act, with directions that both sentences would run concurrently.

7. Aggrieved by the order of conviction and sentence, the accused approached the High Court by filing a criminal appeal on the grounds, inter alia, that the Trial Court had failed to correctly appreciate the evidence on record; that the testimonies of the prosecution witnesses were inconsistent and could not be relied on; that the prosecution had failed to examine certain material witnesses; and, that, on the date of the alleged incident, PW-8 was not duly authorized to investigate the appellant's case.

8. By the impugned judgment and order, the High Court re-appreciated the entire evidence on record and observed that PWs 1 and 2 were both trustworthy witnesses and that the