V.M. Deshpande, J.

1. Being aggrieved by the Judgment and Order of conviction passed by Special Judge [A.C.], Aurangabad dated 29/06/2000 in Special Case No. 6/1994, whereby the appellant is convicted for the offence punishable u/s. 7 of the Prevention of Corruption Act, 1988 and directed to suffer Rigorous Imprisonment for one year and to pay fine of Rs. 200/- and in default Rigorous Imprisonment for three months. The Court below also convicted the appellant for the offence punishable u/s. 13(1)(d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 and directed to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 500/- and in default Rigorous Imprisonment for six months. The appellant was tried before the learned Judge of the Court below along with Sakhahari Walmik Bhople. A Charge was framed against the appellant and said Sakhahari Walmik Bhople vide Exh. 9 in Special Case No. 6/1994 on 17/10/1998. Co-accused Sakhahari Walmik Bhople was acquitted by the learned Special Judge.

2. The prosecution case is as under.

Deepak Govindram Lalwani [P.W. 1] lodged a Complaint [Exh. 15] with Anti Corruption Bureau, Aurangabad on 15/03/1994.

Complaint reveals that complainant Deepak Lalwani is the resident of Kannad. He resides jointly with his father and brothers. They run a hotel and eating house at Kannad since last 15 years. It is known as "Milan Khanawal". The licence of the said eating house stands in the name of father of the complainant. Said hotel is run by complainant, his father and brother Suraj Lalwani.

According to the complaint, both vegetarian and non vegetarian food, tea and cold drinks are for sell in the said hotel. Complainant prepares tea in the hotel. Said hotel is situated in the landed premises of Rajkumar Bharuka in front of S.T. Stand, Kannad. Apart from the family members, Bhausaheb and Kalu are the employees.

3. Complaint further proceeds that on 08/03/1994, when complainant was present in " Milan Khanawal ", that time in between 7.00 - 8.00 p.m., one person came to the hotel under the influence of liquor. He used abusive words in the name of sister of the complainant and demanded tea. Upon getting infuriated by the same, complainant slapped the said person, due to which he fell down and received bleeding injury on his head due to a stone. Complainant was not knowing the said person. Thereafter, said unknown person left the scene. Complainant was standing out side the hotel. That time, police came in police jeep. They took his father and brother Suraj with them in the police jeep. Thereafter, complainant and his friend Syed Rahim went to meet another friend Syed Sab Syed Gulab, who is a correspondent at his house and narrated the incident to him. According to the complaint, complainant waited at his house, whereas said reporter went to police station, Kannad. On his return, he disclosed to the complainant that crime is registered about the incident and, therefore, he asked the complainant to visit police station. Accordingly, at about 11.00 p.m., complainant went to police station, Kannad. At the varanda of police station, he met with his brother Suraj, also both the accused met at that time. They disclosed to the complainant that against him, offence is registered for assault. He was taken to a room. That time, his friend Rahim and brother Suraj were also in the said room.

Complaint further alleges, at that time a threat was given by both the accused to the complainant that he will be arrested and he was asked whether he wants to sleep in the lock up or wants to go to the house. That time, both the accused demanded Rs. 1,000/- [Rupees One Thousand]. Complainant was having Rs. 300/- with him. He asked the appellant to take the said amount, however, ultimately the amount of bribe was lower down to Rs. 500/-. According to the complaint, it was made in presence of complainant's friend Syed Rahim and brother Suraj. That time, complainant was having only Rs. 300/- with him, hence he sen