In corruption cases, the prosecution must present consistent and corroborated evidence to establish the accused's guilt beyond reasonable doubt.

1. The appellant and one Shrikant Kulkarni were prosecuted on the allegation that they had committed offences punishable under section 7 and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. The learned Special Judge at Sangli, by a judgment and order dated 12th July 2001 convicted the appellant of the said offences and imposed a composite sentence of Rigorous Imprisonment for 1 ½ year and a fine of Rs.100/- with a default sentence on him. He, however, held that the charges against the said Shrikant Kulkarni (Accused no.2) had not been proved and acquitted him. Being aggrieved by his conviction and the sentence imposed upon him by the learned Special Judge, the appellant has approached this Court by filing the present Appeal.

2. The appellant, at the material time, was working as a Maintenance Supervisor in the office of the Taluka Inspector of Land Records, Miraj.

3. The prosecution case, as put forth before the trial court, may be stated thus :

One Shirish Kabnure had, on 14th November 1006, purchased a certain land bearing Gram Panchayat No.1126 and City Survey No.339 from one Tukaram Sakharam Omashe. After purchasing the land, Kabnure (hereinafter referred to as 'the complainant') had given an application in the City Survey office at Miraj for mutation of his name in the relevant records. This application was given to the appellant who was working in the said office at Miraj. The appellant kept the application and demanded an amount of Rs.1,000/- from the complainant. The complainant asked the appellant as to why that amount was needed, when the appellant told him that it was needed for completing the work as mentioned in the application. The complainant thereupon told the appellant that it would not be possible for him to arrange for the said amount, and that it may be reduced. The appellant then agreed to accept Rs.500/. The complainant agreed to accept Rs.500/, and gave an amount of Rs.300/- to the appellant.

On 6th October 1997, the complainant went to the office of the appellant and asked him whether his work had been done. The appellant then told the complainant to give Rs.200/by evening, and that he would do the work. The complainant then felt sure that the appellant was asking for a bribe, and therefore, reported the matter to the office of the Anti Corruption Bureau (ACB) at Sangli. He gave his complaint in the office of the ACB, Sangli which was recorded by Mr. M.S. Chougule (PW 4), Dy. Superintendent of Police. Chougule (PW 4) then called two persons – Anil Koli (PW 2) and Pandurang Garad to act as panchas. He then laid a trap. The complainant was asked to produce cash of Rs.200/and when the complainant produced the same, the numbers of the currency notes along with their denominations were noted down in the pretrap panchnama. Anthracin powder was applied to the notes. The property of the Anthracin powder was explained to the complainant and the panchas, by giving a demonstration to them. The tainted amount was then kept in the shirt pocket of the complainant.

After recording the pretrap panchnama, the police party and the panchas left for the City Survey office at Miraj. The complainant and panch Anil Koli (PW 2) walked ahead, and Chougule and others followed them by keeping some distance. The complainant entered the office of the appellant and met him. The appellant asked him to sit. At that time, one person came there and the complainant asked him to come inside the office by saying 'come in Kulkarni'. Now, this Kulkarni is the Accused no.2 who, as aforesaid, was prosecuted along with the appellant but, who was acquitted. The Accused no.2 Kulkarni then occupied a chair which the complainant had vacated for him. The complainant then asked the appellant about his work when the appellant asked him whether he was knowing the City Survey number. When the complainant told him that he did not know the City Survey number, the appellant took out some record and gave it to the acc