( 1 ) THE appellant herein who was convicted by the Special Judge, Wardha in Special Case No. 4 of 1996 by Judgment and order dated 12-05-2000 under Section 7 (1) of the Prevention of Corruption Act and was sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 1,000/= in default sentence for two months Rigorous imprisonment, is in appeal before this Court.

( 2 ) THE complainant Madhukar Dhote lodged oral report to Anti Corruption Bureau, against the accused who was working as Head constable in Police Station Karanja (Ghadge) in Wardha District. The complainant's grievance was that for refraining from taking action in relation to the complaint submitted by one Sudhakar Borkar's mother, the complainant has already paid to the accused bribe of Rs. 2,000/ -. According to complainant madhukar Dhote the accused again demanded a sum of Rs. 1500/- for releasing complainant madhukar and his servant on bail in another complaint filed by Dhanraj Mohod for causing injury due to assault to his cow out of which he had then paid on two occasions a sum of rs. 100 and 200, however, now he was unwilling to pay balance demand of Rs. 1200/= and hence the complaint.

( 3 ) UPON this complaint all preparations namely, presentation of currency of a sum of Rs. 12,0007- by the complainant panchanama etc. thereof, further panchanama thereof of those currency notes application of phenophthelin Powder to them was completed. Efforts of successive raids failed, ultimately, after repeating the entire procedure on 22-08- 1995, the procedure prior to raid was again undertaken.

( 4 ) THE accused and the panch witness No. l namely Ashok Raghunathji waghade went to the Police Station and then to the house of the accused, where the accused met the complainant and Ashok Waghade, and enquired whether the complainant had brought money, but told them to come near Veterinary hospital. The complainant and the Panch witness No. l Ashok Waghade then kept waiting near Veterinary Hospital where, according to the complainant, the accused demanded the amount of bribe and it was paid to him by the complainant. The complainant then gave the decided signal, the raiding party appeared on the spot, caught hold both the hands of the accused and after preparing Sodium carbonate solution and dipping fingers of the accused in it found that, the colour of the solution appeared on the hands became violet. Thereafter, the panchanama of raid was recorded, Crime No. 193 of 1995 was registered. After the prosecution secured the sanction from the Superintendent of Police, wardha for prosecution for the offence punishable under Section 7 (1) of Prevention of Corruption Act, the charge-sheet was filed against the accused.

( 5 ) UPON framing the charge, accused pleaded not guilty. In the trial, the evidence of the witnesses except Ashok waghade panch witness no. 1 was recorded as this witness had died in the mean time. The Panch witness No. 2 Gajanan ambatkar was examined as PW-1. Certain departures or discrepancies were found in his statement, may be since, when this witness, though he was not present when actually the alleged demand was made by the accused firstly at his house and secondly at the Veterinary hospital, still, this witness had deposed that the accused has demanded the bribe in his presence. Probably, due to this improvement which rendered testimony of this witness to be devoid of truth, he was declared by the prosecution to be hostile. P. W. No. l Gajanan ambatkar was then cross-examined, though all panchanamas were already got proved from this witness.

( 6 ) THE prosecution has then examined complainant Madhukar Dhote who gave account of first payment of bribe, and the second demand leading to the complaint, cause thereof, the story of lodging of oral report, all panchanamas procedure and finally that of successful raid. The prosecution also examined other witnesses to prove that accused was in charge of public duty and that recovery of the