1. Heard learned counsel, appearing on behalf of the respective parties.

2. By this appeal, the appellant/original accused challenged the conviction for the offence under section 7 of the Prevention of Corruption Act, 1988 and sentence to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to suffer rigorous imprisonment for one month as well as the conviction for the offence under section 13 (2) r.w. 13 (1) (d) of the Prevention of Corruption Act, 1988 and sentence to suffer rigorous imprisonment for one year and fine of Rs. 300/-, in default to suffer rigorous imprisonment for two months, recorded by the learned Special Judge, Jalna in Special Case No. 35/1992.

3. The facts relevant for the purpose of this appeal are as under. . In the month of January, 1992, the appellant was working as Junior Clerk in Tahsil Office, Jalna. He was entrusted with the work of Magisterial Section No. 1 and in addition, he was assigned with work of issuance and renewal of hotel licences within the jurisdiction of Jalna Taluka and rural area in Jalna District. The Collector, Jalna was his appointing authority. One Shaikh Naim Shaikh Ahmad, the elder brother of complainant PW4 Shaikh Ayub Shaikh Ahmed was running a hotel, named and styled as "Naseeb Hotel" at Badnapur. A show-cause notice came to be issued on 09-01-1992 from Tahsil Office, Jalna as to why hotel licence should not be cancelled. Therefore, on 15-01-1992, complainant Shaikh Ayub Shaikh Ahmed approached the accused and made inquiry about the said notice. Accused told him to take fresh licence and supplied application form. He also supplied challan forms and asked Shaikh Ayub to deposit the amount by way of challan in the Treasury and also obtain No Objection Certificate from the Police Station and the Gram Panchayat, Badnapur. At the same time, the accused made demand of bribe of Rs. 500/- for issuance of new licence. The complainant expressed his inability to pay that much amount and finally, after negotiations, agreed to pay Rs. 200/- by way of bribe to the accused/appellant. . On 16-01-1992, complainant Shaikh Ayub approached Dy. S.P. Shri Kawle (PW7) who was Incharge of Anti Corruption Bureau at Jalna. He narrated the incident of demand of bribe made by the accused and lodged a complaint (Exh-27). On his complaint, PW7 Dy.S.P. Kawle decided to arrange a trap. For this trap, he called two panch witnesses, PW1 Ashok Khandagale and one Raipalli, Clerks in Zilla Parishad, Jalna. In their presence, he obtained cash of Rs. 200/- from PW4 Shaikh Ayub. Anthracene powder was applied to the said currency notes after giving demonstration about the qualities of the said powder. Thereafter, the currency notes of the said cash was kept with the complainant. A pre-trap panchanama (Exh-19) came to be recorded. Instructions were given to complainant as well as panch witness Ashok Khandagale (PW1) that they should approach the accused in his office and hand over those tainted currency notes to the accused if the demand of bribe was made and after acceptance of the tainted notes, the complainant should give a signal to the raiding party members. Detailed instructions were also given to panch witness PW1 Khandagale to accompany PW4 Shaikh Ayub and keep a watch on the activities of the complainant and the accused. After giving those instructions, complainant and panch witness PW1 Khandagale proceeded to the Tahsil Office, Jalna. PW7 Dy.S.P. Kawle alongwith his staff members and panch witness Raipalli also followed them and stood outside the TahsilOffice, keeping a watch and waiting for signal from the complainant.

Complainant Shaikh Ayub and panch witness Khandagale entered Tahsil Office. On the request of the complainant, accused agreed to take tea in a hotel in front of Tahsil Office, Jalna. All of them came out of the Tahsil Office and entered the hotel premises. Complainant placed the order for tea. The accused made inquiry with the complainant as to whether he h