JUDGMENT :

1. The instant appeal has been preferred against judgment dated 26.6.2018 passed by the Special Judge under the Prevention of Corruption Act, 1988 (for short ‘the PC Act’), Durg in Special Case No.3 of 2015, whereby the Appellant has been convicted and sentenced as under:

2. According to the case of prosecution, on 22.12.2014, Complainant Laxmikant (PW2) lodged a written complaint (Ex.P1) in the office of Superintendent of Police, Anti Corruption Bureau, Raipur mentioning therein that he is an employee of Vineet Singh Construction Company and work of the company was going on. 20% of the construction work had been completed and the last running bill of Rs.11,35,000 had been paid to the company and escalation bill of the company amounting to Rs.8,60,000 was pending. For releasing this amount, allegedly, the Appellant, who was working as an Executive Engineer in the Water Resources Department, Chhuikhadan, made a demand of 4.75% of the running bill of Rs.11,35,000, which had already been passed and the Appellant said that he will pass the escalation bill only on receiving the said 4.75%. Since the Complainant did not want to give bribe, he made the complaint (Ex.P1). A digital voice recorder was given to him for recording of the conversation which was to take place between him and the Appellant. On 22.12.2014, the Complainant went to the office of the Appellant situated at Chhuikhadan and recorded their conversation in the digital voice recorder. He handed over the said recorder to Investigating Officer R.K. Sahu (PW9), who was an Inspector in the Anti Corruption Bureau. On 30.12.2014, the Complainant was again called in the office of Anti Corruption Bureau. There, he made a second complaint. After verification of the same, Dehati Nalishi was registered. A transcription of the conversation took place between the Complainant and the Appellant was prepared. Thereafter, the Anti Corruption Bureau constituted a trap party and a trap was conducted on 30.12.2014. The Appellant was called near Hari Raj Hotel, situated near Civic Centre, Bhilai, where the Complainant handed over currency notes of total Rs.54,000 for giving as bribe to the Appellant. The trap party caught the Appellant. Phenolphthalein test was conducted, which was positive and the recovery of money was made. Then the trap party went to the house of the Appellant situated at Bhilai. There also a search was made. Again, the trap party went to the house of the Appellant situated at Chhuikhadan. There also a search was made. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charges under Sections 7, 13(1)(d) read with Section 13(2) of the PC Act. To rope in the Appellant, the prosecution examined as many as 11 witnesses. In examination under Section 313 Cr.P.C., the Appellant pleaded innocence. 1 defence witness, namely, R.L. Deshmukh was examined as DW1. On completion of the trial, the Trial Court convicted and sentenced the Appellant as mentioned in first paragraph of this judgment. Hence, the instant appeal.

3. Learned Senior Counsel appearing for the Appellant argued that the complaint (Ex.P1) was made on 22.12.2014 with an averment that 20% of the work was completed. Running bill was paid to the construction company and the Appellant had asked for a bribe of 4.75% of the runn