JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed against the final judgment and order dated 14.05.2009 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 258 of 2001 (Old No.1518/1991) whereby the High Court partly allowed the appeal filed by the appellant herein.

2. A few facts need mention to appreciate the short controversy involved in this appeal.

3. The appellant was working as "Kanoongo/Patwari" at Didihat, Uttarakhand. He was prosecuted for commission of the offences punishable under Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as “the PC Act”) read with Section 161 of the Indian Penal Code, 1860(hereinafter referred to as “IPC”).

4. The charge against the appellant was that he assured one Gopal Singh that he would not arrest him nor would implicate him in one pending criminal case, if he pays him Rs.1200/-.

5. It was the case of the prosecution that the appellant while accepting the illegal gratification of Rs.1200/- from Gopal Singh on 30.09.1985 was caught by S.P. (Vigilance) in a trap arranged for this purpose at the behest of Gopal Singh.

6. The Sessions Judge, Pithoragarh, by order dated 05.08.1991, found t