The main legal point established in the judgment is the requirement of proof of demand and acceptance of bribe, the need for corroboration of the complainant's evidence, and the limited scope of interference against a judgment of acquittal.

The aforesaid two appeals are being decided by this common judgment as both the appeals arise out of impugned judgment dated 18th January, 1992 passed by learned 4th Additional Sessions Judge & Special Judge, Bilaspur, in Special Case No. 4/88.

2. Criminal Appeal No. 1138/92 has been filed by the State against acquittal as one of the accused-Rastogi has been acquitted by the judgment dated 18th January, 1992.

3. Criminal Appeal No. 217/92 has been filed by the appellant Arjundas, who has been convicted under Section 161 of the IPC and Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act of 1947) and sentenced to undergo R. I. for 1 year under Section 161 of the IPC and R. I. for 1 year under Section 5(1) (d) read with Section 5(2) of the Act of 1947 and fine of Rs. 1000/- and in default of payment of fine, additional simple imprisonment of 4 months.

4. Story of the prosecution, as unfolded from the records and judgment of the learned trial Court is that Ajit Kumar (P.W.1) had filed a complaint in Ex. P-1 in the Vigilance Office, Bilaspur, stating that accused Rastogi demanded bribe of Rs. 1000/- and then reduced to Rs. 500/-, upon which, Rs. 300/- was given to appellant-Arjundas. Thereafter, the complainant was taken to police station and then near a hotel, another Rs. 200/- was given to appellant-Arjundas and then he was released from the police station and Rastogi stated that complainant should bring another Rs. 200/- on 25-2-1986, otherwise, he will be arrested. It was further stated in the complaint that appellant Arjundas came to his shop on 25-2-1986 and demanded Rs. 200/- from his brother Harjit, which was informed to him when he arrived in the shop. As the complainant was not willing to pay Rs. 200/-, complaint was lodged.

5. Taking cognizance of the complaint, pre-trap proceedings were arranged. Demonstration of phenolphthalein powder in the solution of sodium carbonate was given to complainant in the presence of witnesses. Phenolphthalein powder was smeared on currency notes and kept in the pocket of the complainant with instructions not to touch the currency notes before handing them over to the appellant-Arjundas on his demand. Pre-trap proceedings were reduced in writing as pre-trap panchanama (Ex. P-2). The trap party thereafter reached to the house of the appellant-Arjundas, where he was not found. Thereafter, when it was informed to the trap party that appellant-Arjundas has gone to the shop of the complainant, trap party proceeded to the shop of complainant-Ajit Kumar. Further case of the prosecution is that appellant-Arjundas was sitting in the shop and there, bribe of Rs. 200/- as demanded by the appellant-Arjundas was handed over to him by complainant-Ajit Kumar (P.W.1). Immediately thereafter, trap team arrived at the spot and appellant-Arjundas was caught red-handed. Hands of the appellant-Arjundas were washed in the solution of sodium carbonate and hand wash was kept in a sealed bottle. The currency notes were also recovered and seized vide Ex. P-10. Records of Criminal Case No. 81/86 were also seized vide Ex. P-11. Trap panchnama was prepared in Ex. P-9. Dehati nalishi was recorded in Ex. P-12. FIR was registered in Ex. P-13. Map of the spot was prepared in Ex. P-12-A. Sealed bottles containing hand wash of the appellant-Arjundas, complainant and witnesses as also wash of currency notes were sent to Forensic Science Laboratory (FSL) vide Ex. P-14, in response to which, (FSL) report in Ex. P-15 was received, confirming presence of phenolphthalein in the hand wash of the appellant - Arjundas, wash of currency notes, hand wash of B. R. Dhruv, Dy. Collector (P.W.13) and hand wash of the complainant. Sanction for prosecution was granted vide order dated 27th January, 1987 (Ex. P-6 C) for prosecution of appellant - Arjundas and vide order dated 8-4-1987 (Ex. P-7) for prosecution to accused Rastogi. Charge sheet was filed in the Court of Ses