JUDGMENT :

1. The Court of Special Judge (Under the Prevention of Corruption Act), Pune by the judgment and order dated 25th August, 2004 passed in Special Case No.25 of 2001, convicted the appellant for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘PC Act’ for short) and sentenced to suffer rigorous imprisonment for two years and fine of Rs.5,000-- in default to suffer rigorous imprisonment for five months separately for both the offences. It is against the conviction and sentence, this appeal is preferred.

2. Heard Mr. Tajane, learned counsel for the appellant and Mr. Dabke, learned Additional Public Prosecutor for the State.

3. This is a trap case, in which the appellant was alleged to have accepted the amount of Rs.1,500--, a illegal gratification while working as ‘Senior Clerk’ in the office of the Executive Engineer, Implementation Wing, Town Planning, Yerwada, Pune for drawing and lodging bills in treasury relating to arrears of pay due to complainant.

4. Briefly stated, prosecution case is that, Mrs. Smita Suresh Paranjape (P.W.1), public servant, working in the same office, i.e. Executive Engineer, Town