JUDGMENT

Y.B. Bhatt, J. - This Appeal is arising out of the judgment and order of conviction and sentence passed by the learned Special Judge, Bharuch on 20.9.1986 in Special Case No. 3 of 1985 convicting the appellant-callused for the offences punishable under section 5(2) of the Prevention of Corruption Act, 1947 (for short "the Act") and S. 161 of the I.P.C. and sentencing him to suffer R.I. for two years and a fine of Rs. 15,000 (rupees fifteen thousand only) in default to further undergo R.I. for one year for the offence punishable under S. 5(2) of the Act and further sentencing him to suffer R.I. for two years for the offence punishable under S. 161 of I.P.C. However, substantive sentences of imprisonment are ordered to run concurrently.

2. It is the prosecution case that the appellant-accused, who was working as Divisional Accountant, which is Class-III post, in the Medium Irrigation Project in the year 1983, has demanded Rs. 20,000 from the complainant on 2.4.1983 at about 11.00 P.M. at Bharuch. On the next day i.e. on 3.4.1983 the complainant went to Baroda and met the Deputy Director of Anti Corruption Shri Vaghela. On that day Police Inspector Shri Agravat of A.C.B. Bhar