JUDGMENT

K.K. Sonawane, J.

1. The instant appeal calls-in-question the legality and propriety of the impugned Judgment and order of conviction and resultant sentence rendered by the learned Special Judge, Dhule, in Special Case No. 92 of 1999 dated 09-02-2003. The appellant-accused convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short "Act of 1988") and he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for three months. He has also convicted for the offence punishable under section 13(1)(d) read with section 13(2) of the Act of 1988 and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/- in default to suffer rigorous imprisonment for three months. Both the sentences shall run concurrently.

2. The prosecution case sans unnecessary factual aspects in brief is that, the appellant-accused at the relevant time was the public servant, employed as maintenance surveyor in the office of Land Record, Sindkheda District Dhule. It has been alleged that the complainant Mr. Shaligram Patil was indulging in the business of flour mill since 1979 to 1995 at village Virdel, Taluka Sindkheda. But, thereafter, he stopped the business of flour mill and returned to his native at Murukwade. However, in the year 1979, he had purchased the house property No. 407 admeasuring 9.14 X 4.80 meter area of his flour mill from owner Rama S/o Daulat Choudhary by registered sale deed for a consideration of Rs. 2,000/-. But, he did not get mutated his name in the documents of office of land record after registration of sale deed. Therefore, on 03-04-1998 he visited to the office of Land Record to get "Sanad" of house property No. 407 located at village Virdel from the Office of Land Record in his favour. He met with the appellant-accused Mr. Ahire in the Office and given all the relevant documents for mutation of his name in the official record. But, appellant-accused made demand of Rs. 300/- as bribe and asked the complainant to bring the original owner Rama Chaudhary for recording his statement in the Office. After about 15 days, the complainant and original owner of house No. 407, visited to the appellant-accused in the office. The statement of owner Mr. Rama Chaudhary was recorded by the accused. Thereafter, the complainant was advised to see Mr. Holey, superior of appellant-accused (i.e. original accused No. 2 who has been acquitted by trial Court from charges of bribery in this case.) But, the Superior Officer Mr. Holey was not available in the office. Therefore, again the complainant came to the office of appellant-accused on 27-04-1988 and met with Mr. Holey, Assistant Taluka Inspector, Land Record, Sindkheda. He placed demand of bribe of Rs. 300/- for showing favour to the complainant. After negotiation, the complainant prepared himself to give bribe of Rs. 300/- to the appellant-accused Mr. Ahire and his superior Officer Mr. Holey. It was agreed to accept the bribe of Rs. 300/- from complainant on 06-05-1998 in the Office at Sindkheda. The complainant Mr. Shaligram Patil was not willing to pay the bribe, therefore, he approached to ACB Sleuth, Dhule and filed the complaint. The Investigating Officer (IO) Mr. Khairnar, Deputy Superintendent of Police procured presence of two panch witnesses for further process. They both were appraised about the demand of bribe and its acceptance on 06-05-1998 by the appellant-accused in the Office. Thereafter, the formalities of pre-trap panchnama were completed and all the members of raiding party including complainant Mr. Shaligram Patil, etc. started proceeding towards Office of Land Record of the accused at Shindkheda in Police vehicle. The trap was laid and appellant-accused Mr. Ahire was caught raid handed while accepting the bribe amount from the complainant. The detail post-trap panchnama was drawn in presence of panchas. IO recorded state