JUDGMENT

B.K. Patel, J.—This appeal is directed against the judgment and order dated 09.05.1987 passed in T.R. No.21 of 1987 by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Sections 5(1)(d)/5(2) of the Prevention of Corruption Act, 1947 (for short the ‘P.C. Act’) as well as Section 161 of the Indian Penal Code (for short the ‘I.P.C.’) and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1000/-, in default to undergo R.I. for one month, under Section 5(2) of the P.C. Act and R.I. for three months and to pay a fine of Rs. 500/-, in default to undergo R.I. for 15 days, under Section 161 of the I.P.C.

2. Prosecution case, in nut-shell, is as follows:

P.W.1, the informant-decoy had earlier executed work contract of Nuagada-Maliguda Road under Nandahandi Block as contractor at the estimated cost of Rs.10,000/-. When the appellant was paid for the work on 09.01.1985 towards his final bill, he had to pay 5% of the total amount, i.e. Rs.500/-, as bribe to the appellant on his demand.

3. Thereafter, P.W.1 executed the work contract of Bada Daivata-Nuagada Road at the estimated cost of Rs.5000/-. On completion of the work when he approa