1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 29th July, 1998 passed by learned Special Judge. Bilaspur in Special Case No. 1/1995, whereby and whereunder, the appellant has been convicted under Section 7 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ‘Act of 1988’) and sentenced to undergo R.I. for 6 months & fine of Rs. 500/- under Section 7 of the Act of 1988 and R.I. for 1 year & fine of Rs. 500/- under Section 13(1)(d) 1 Section 13(2) of the Act of 1988. In default of payment of fine on both count, additional imprisonment of 3 months.

2. Case of the prosecution, in brief, is that when the appellant was posted as In-charge Block Development Officer at Pendra, where complainant S.L. Yadav was posted as Accountant, appellant demanded a bribe of Rs.400/- towards clearance of pay-bills of the complainant.

3. According to the case of the prosecution, a complaint in Ex. P- 1 was lodged by S.L. Yadav (P.W.2) in the office of Dy. Superintendent of Police, Lokayukt Officer, Bilaspur complaining that leave applied in respect of 7 days of the month of July,