( 1 ) THIS Appeal is preferred against the judgment and order delivered by the Special Judge, Ahmedabad, on 21st of September, 1987, in Special Case No. 28 of 1986, convicting present appellant - accused for the offences punishable under Section 161 of the Indian Penal Code and also for the offence punishable under Section 5 (1) (d) to read with Section 5 (2) of the Prevention of Corruption Act, 1947. The present appellant for both the counts was sentenced to suffer rigorous imprisonment of one year and to pay fine of Rs. 100, in default, to suffer further rigorous imprisonment for one month. For both the counts, one sentence i. e. fine and imprisonment is awarded by the Special Judge to the appellant - accused.

( 2 ) THE facts giving rise to the prosecution against the appellant can briefly stated as under: one Mr. Maurya serving as P. I. ACB, Amreli, was summoned by Mr. Anilbhai Pandya, Deputy Director, ACB, Gujarat State on 18th of October, 1985 in connection with pending ACB cases. Other Police Inspectors were also called from the State by the Deputy Director. On that day, i. e. 18. 10. 1985, Deputy Director Mr. Pandya informed P. I. Mr. Maurya that certain police personnel and RTO employees used to illegally obtain money from the Drivers of the motor vehicles plying on highway road surrounding Ahmedabad City. In this respect, Mr. Maurya, was directed by Mr. Anilbhai Pandya , Deputy Director, to lay a decoy trap. It appears that in pursuance of this special direction, a team was formed under the leadership of Mr. Maurya and he was assisted by H. H. Saiyed, PSI, H. H. Patel and other staff members of Anti Corruption Bureau Office of Palanpur including Police Head Constable Harshadbhai Pandya, Police Head Constable Navalsinh, a staff member of Anti Corruption Office of Ahmedabad. To lay a decoy trap, this team reached government guest house known as Pathik Ashram at Gandhinagar at 7. 00 p. m. and occupied Room No. 39 on 18. 10. 1985. At about 10. 00 p. m. on the the same day, an attempt was made to search independent panchas to be utilized in the said decoy trap. Mr. Maurya found two persons, named as Ramubhai Jivabhai Patel and Sureshbhai Ratilal Shah, both residents of Kathwada, as panchas from bus stand of Gandhinagar and after ascertaining their willingness, they were taken to Pathik Ashram. The panchas were introduced to other members of raiding party. It was decided that they would first go towards Narol via Chhala and Naroda and inquire from the drivers of motor vehicles plying on road, and if any of them volunteered to accompany them for laying the decoy trap, then such driver would be utilized as punter. A preliminary panchnama was prepared in the presence of above two panchas at 11. 30 p. m. all of them in one police jeep started from Gandinagar and ultimately reached at Bhavada Three Roads at about 1. 30 a. m. on 19th of October, 1985, travelling through Chhala, Naroda, Odhav and Balasinor Road. They temporarily stayed near Bhavada Three Roads and waited for arrival for some vehicles. At about 1. 45 a. m. one truck loaded with logs of wood was found proceeding from Godhra to Ahmedabad. The said vehicle was stopped and driver was made to alight from the vehicle. It was found that the name of the driver was Siddiquebhai Ismailbhai, resident of Vejalpur, Godhra Taluka. He showed a pass issued from the Forest Department for transporting of logs of wood which were to be unloaded at Ahmedabad. The raiding party explained Siddiquebhai the purpose of their being at Bhavda Three Roads and asked Siddiquebhai whether he would be willing to be a decoy witness in the said trap. Driver Siddiquebhai expressed his willingness to assist and cooperate in the said decoy trap. Siddiquebhai thereafter along with panchas was taken inside jeep of ACB, and police Head Constable Navalsinh explained the utility of anthracene powder and ultra violet lamp. PI Mr. Maurya gave currency notes worth of Rs. 50/- to Police Head Cons