JUDGMENT

A.K. Shrivastava, J.— Feeling aggrieved by the judgment of conviction and order of sentence dated 21/11/2003 passed by learned Special Judge, Shivpuri in special case No. 1/2002 convicting the appellant under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and there by sentencing him to suffer one year’s rigorous imprisonment and fine of Rs. 1.0001- in default to suffer further rigorous imprisonment of two months’, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

2. In brief the case of prosecution is that against the complainant-Ashok Kumar Gupta, a resident of village Dinara, his brothers submitted a complaint which was being inquired by the appellant who was serving on the post of Head Constable in Police Station Dinara. In that matter, it is said that appellant made demand of illegal gratification of Rs.2,000/- from the complainant failing which a threat was given to him that a case would be registered against him. Since the complainant was not keen enough to give any amount of bribe, eventually, he submitt