JUDGMENT - M.F. SALDANHA, J.:---The appellant in this case, at the relevant time working as a clerk under the Executive Magistrate at Nasik, was tried for a corruption charge in Special Case No. 2 of 1982 by the Special Judge, Nasik. The allegation against the accused was to the effect that on 23-6-1982, he is alleged to have demanded and received an amount of Rs. 100/- as illegal gratification from the complainant Madhukar on the basis of an assurance to him that the chapter proceedings which he was facing would be disposed of. The Anti-corruption Police had laid a trap on that day and the complainant along with one panch witness Pawar are alleged to have handed over the marked currency notes which were found in the drawer of the table on which the accused used to work. The incriminating circumstance against the accused was that anthracene powder was found on his thumb and three fingers of his right hand. The accused was charge-sheeted, tried and convicted by the learned Special Judge, both under sections 161 I.P.C. and under section 5(1(d) read with 5(2) of the Prevention of Corruption Act and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 100/- in defau

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