JUDGMENT

Irshad Hussain, J.— This appeal is against the judgment dated 23.12.1981 passed by the then Special Judge, Dehradun in a bribery case, Special Trial No. 2/1981, State v. Ram Saran Sharma, P.S. Kotwali District, Dehardun under Sections 161, IPC and 5(2) read with Section 5(l)(d) of Prevention of Corruption Act, 1947.

2. Briefly stated facts are as follows:

Appellant Ram Saran Sharma was posted as ASI (M), Record Keeper in the Superintendent of Police Office, Dehradun on 15.10.1979. Surya Prakash Agarwal was in need of certified copy of postmortem report of his father Mithan Lal to facilitate drawal of money deposited in bank and Post Office in the name of the said deceased. He gave an application dated 8.10.1979 to Superintendent of Police, Dehradun for supply of the copy of the postmortem report and deposited copying fee of Rs. 10/- on 9.10.1979. On 12.10.1979 he went to the said Record Keeper (appellant) for delivery of copy of postmortem; but was told to come on 15.10.1979 and to bring a sum of Rs. 15/-. Complainant was not willing to pay Rs. 15/- as bribe and, therefore, gave a report (Ex. Ka. 7) to the Superintendent of Police, Vigilance Department, Dehradun on 12.10.1979 with a request that he wants the Record Keeper to be arrested red-handed while accepting bribe of Rs. 15/-.

3. On 15.10.1979 Superintendent of Police, Vigilance Department, Dehra-dun directed Inspector Sri Kali Ram of the department to make necessary inquiries and take action for laying a trap, if found necessary. This endorsement of the Superintendent of Police is (Ex. Ka. 13) on the said complaint.

4. PW 2, Inspector Vigilance Sri Kali Ram contacted complainant and prepared a trap plan for 15.10.1979. He received currency notes of Rs. 15/- from Superintendent of Police which were earlier given by the complainant and also procured the attendance of independent witness Maya Ram Sarvahi, Senior Clerk of the office of Deputy Labour Commissioner. Thereafter in the presence of Inspector O.P. Sharma, Constable Badar Ali, witness Maya Ram Sarvahi and the complainant Surya Prakash Agarwal the currency notes were treated with phenolphthalein powder and gave these to the complainant. The hands of the complainant were then got washed by sodium solution. It turned pink and the same was sealed in a phial vide memo, Ex. Ka. 9. The numbers of the currency notes were also noted in the said memo. Currency notes were in the denomination of one note of Rs. 10/-, two notes of Rs. 2/- each and one note of Rs. 1/-. After giving necessary instruc-tions the party left at 2 p.m. for police office compound. At about 2.53 p.m. appellant Ram Saran Sharma reached in front of the Court of S.D.M. Sri. B.S. Bhandari and took the amount of Rs. 15/- from the complainant and kept the same in the left pocket of his pair of trousers. PW 2, Inspector Kali Ram and other witnesses then surrounded the appellant and disclosed their identity and took his search. The currency notes were recovered from the said left pocket of the appellant besides some other papers. The hands of the appellant were got washed by sodium solution and it turned pink. The same was sealed in a phial and memo, Ex. 10 was then prepared. The appellant was brought to the police station where at 3.55 p.m. pair of trouser of appellant was got changed and left pocket of the same was also washed by sodium solution. It also turned pink. The pant was also sealed and memo, Ex. Ka. 11, was prepared. Therefore, Inspector Kali Ram prepared the written report, Ex. Ka. 14 and filed it at police station and on its basis case against the appellant was registered at 4.20 p.m. on 15.10.1979.

5. Investigation was entrusted to Deputy Superintendent of Police, Vigilance Sri Mahar Singh and on his getting ill Inspector Vigilance Sri B.S. Panwar took up the investigation of the case. He recorded the statements of the witnesses and collected relevant docu-ments. The sealed phials of the solution were sent to Forensic Science Labo