JUDGMENT :

1. This appeal is directed against the judgment dated 28.08.1998 passed by the Second Additional Sessions Judge, Raipur in Special Criminal Case No. 13/88. By the impugned judgment, accused/appellant Durgadas has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:

2. Brief facts of this case are that at the relevant point of time i.e. on 11.09.1986, the appellant/accused was posted as Junior Engineer in Electricity Board, Gariyaband. Complainant Maniram Verma (PW-4) applied for temporary electric connection for irrigation of his field vide receipt (Ex.-P/8) dated 09.09.1986 of Rs.300/- which was deposited for temporary electric connection. When PW-4 approached the appellant for the purpose of getting early electric connection, the appellant told him that if he (complainant) wanted to get the electric connection for irrigation of his field at the earliest, he would have to pay Rs.100/- to him (accused/appellant). On 10.09.1986, the complainant approached the Superintendent of Police, Lok Ayukt, Raipur for taking appropriate action against the accused/appellant and a written complaint dated 10.09.1986 (Ex.-P/5) was made before the Superintendent of Police, Lok Ayukt, Raipur, under whose authorization, PW-6 Makhan Lal Pandey, Inspector made arrangements to trap the appellant/accused. The complainant produced the currency note in the denomination of Rs.100/-, number of which was recorded in the preliminary inquest (Ex.-P/6) and after applying phenolphthalein powder on the said currency note, it was given to the Complainant with instruction not to touch the same and he was further instructed to take out the same only when the demand was made by the accused.

3. Complainant Maniram Verma (PW-4) approached the appellant/accused on 11.09.1986 with phenolphthalein powder applied currency note in his pocket, he met the appellant/accused in the office of appellant at Gariyaband and trap party was also present outside the office. When Complainant gave tainted note of Rs.100/- to the accused/appellant and came out from the office and gave indication by cleaning his mouth to trap party, immediately the trap party rushed to the appellant/accused and seized the 100/- rupee note from the accused/appellant which was kept under the file on the table of the accused vide Ex.-P/9. Thereafter, the trap party trapped the appellant/accused and proceeding of washing phenolphthalein containing articles, hands of complainant, appellant and the currency note, in solution of sodium carbonate was done and in each washing the colour of solution turned pink, which was preserved and sealed in the bottles. Currency note recovered was verified from the number noted in preliminary inquest. Numbered FIR (Ex.-P/16) was recorded in Police Station- Special Police Bhopal. Preserved and seized articles were sent for FSL examination from where a report (Ex.-P/18) was received in which the test for presence of phenolphthalein was found positive.

4. After completion of investigation, sanction for prosecution was obtained against the accused/appellant vide Ex.-P/1 and charge-sheet was filed under Section 161 of Indian Penal Code and Sections 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 against him in the Court of Special Judge, Raipur. Thereafter, learned Second Additional Sessions Judge, Raipur framed cha