P.N. Deshmukh, J.

1. This criminal appeal takes exception to the judgment dated 2/8/2004 passed by the Special Court, Nagpur in Special Case No. 11/1990 convicting the appellant for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing him to suffer simple imprisonment for one year and to pay fine of Rs. 1000/- and in default of payment of fine, to suffer further simple imprisonment for three months. The case of prosecution can be stated briefly as under:

On the day of incident, accused was posted as Police Head Constable (Buckle No. 849) at Police Station, Khaparkheda. A report was lodged by Shobha, wife of complainant Damodhar Raut, against complainant, on the basis of which offence punishable under Section 498-A of Indian Penal Code was registered and investigation was carried out by accused. Accused called complainant to Police Station and informed him about fact of lodging of report by his wife against him and registration of crime and that in the said crime, complainant was to be arrested. At the same time, accused demanded Rs. 100/- from complainant for not immediately arresting him, which amount