( 1 ) THIS appeal arises out of the judgment and order dated 29-8-1984, rendered in Special Case No. 5 of 1984, by the learned Special judge, Ahmedabad, wherein the appellant Ajitkumar Somnath Pandya, who came to be tried for the alleged offences punishable under Secs. 5 (l) (d), 5 (2) of the Prevention of Corruption Act, 1947 (for short the Act) and sec. 161 of the I. P. C. , at the end of the trial, was ordered to be convicted for the same and sentenced to R. I. for one year and, to pay fine of Rs. 1,000. 00 and in default, R. I. for one month.

( 2 ) THE prosecution version as reflected in the evidence of the complainant premjibhai Lakhabhai Vaghela (PW-1, Ex. 7) to be briefly stated, is to the effect that he was serving as a labourer in Ahmedabad Municipal Corporation, road-II Engineering Division, under the supervision of the appellant. According to the complainant, on every month the appellant was demanding and accepting rs. 10/- from each and every labourer as illegal gratification and was unduly harassing those who did not obey to the said demand. Further according to the complainant, since he also had committed defaults in paying the said instalment of the bribe amount for last four months, the appellant had reiterated his demand for the same on pay day that is on 28-10-1983 threatening him to pay in all Rs. 50. 00, otherwise, he (complainant) would not be taken on work. To this, the complainant assured him that he will pay up the same next day on getting salary. On 29-10-1983, the complainant did not attend his work and following two days that is 30-10-1983 and 31-10-1983 being holidays, it was only on 1-11-1983 that he was to go on work and give the demanded amount to the appellant Now, as the complainant was not inclined to pay the said illegal gratification, on 31-10-1983 at about 5- 00 p m. he went to the office of the Anti-Corruption Bureau, situated at shahibag, Ahmedabad, and gave complaint Ex. 8, which came to be recorded by P. I, A. C. B. , Mr. Yadav (PW-3, Ex. 13 ). The complainant was asked by p. I. Mr. Yadav to come on the next day, i e. , on 1-11-1983 at 5-00 a. m. with a currency note of Rs. 50. 00. Accordingly, on 1-11-1983, on complainant reporting to the office of A. C. B. P. I , Mr. Yadav, called two Panchas and introduced them to him. After carrying out the first part of the usual procedure, viz. , the complaint being read over to the Panchas, taking currency note of Rs. 50. 00 from the complainant, applying anthracene powder to the same, carrying out experiment/demonstration under the ultra-violet lamp and passing necessary instructions, firstly to the complainant as to when he should give currency note of Rs. 50. 00 to the appellant and secondly to Panch witness no. 1 that he has to accompany the complainant all throughout the trap and watch, hear and see what transpired between the complainant and the appellant, (he raiding party as headed by P. I. Mr. Yadav, proceeded to site near Bapunagar Water Tank where the appellant was to come. At about 8-00 a. m. on reaching the complainant and the Panch No. 1 went to the site where other workers were sitting. In the meantime, the appellant came on a bicycle, however, as no labourer stood up, he feeling insulted and annoyed went to the "vikas Pan Centre," which was at a distance of about 250 steps away from the place where the labourers were sitting. Seeing this, the complainant and Panch No. 1 also followed the appellant. On approaching him, the complainant requested the appellant saying-"sir, mark my presence", to which the appellant said-"have you brought the money" ? to which the complainant said-"yes". Thereupon the appellant said-"give me". As a result of this demand, the complainant took out the currency note of Rs. 50. 00 from his right hand side pocket of his bush-shirt and gave it to the appellant, which was accepted by him by his right hand and placed the same in the left side pocket of his bush-shirt. Thereafter, as planned earlier,