( 1 ) THIS appeal is directed against the judgment and order dated 5-11-1993 passed by the learned Special Judge, Bhavnagar, in special Case no. 9 of 1991 whereby the appellant-Becharbhai Saburbhai Prajapati was convicted and sentenced to suffer R. I. for one year in respect of offence punishable under Section 161, IPC and R. I. for one year and fine of Rs. 1500/-, in default, R. I. for one year in respect of offence punishable under Section 5 (2) of the Prevention of corruption Act, however, both the sentences were ordered to run concurrently. It may be noted here that by the said judgment, the learned Special Judge had acquitted the accused nos. 2 to 4 of all the charges levelled against them.

( 2 ) BRIEFLY stated, the case of the prosecution is that on 12-12-1990, one luxury Bus bearing no GTS 9919 was hired by Ramnikdas Hargovindas from bharat Travels Company for carrying a marriage party from Mahuva to Selana. According to the complainant-Ghelabhai jasabhai, the Mehtaji of Bharat Travels who was present in the bus, at around 6. 00 or 6. 15 a. m. of that day when the bus reached aasarana Chokadi, the appellant-accused stopped the luxury bus and demanded the documents relating to the luxury bus whereupon the complainant had shown the permit and other papers, however, the police staff kept these papers with them. The appellant-accused, then demanded Rs. 250/-in the name of entry fee. The complainant, then requested the appellant-accused who was P. S. I, at the relevant time to let them go as the bus was carrying a marriage party, however, the appellant-accused demanded rs. 250/-to which the complainant refused as instructed by the owner of the bus. It is further the case of the prosecution that the appellant-accused then told the complainant that Rs. 225/- be paid and the papers be collected from that spot where the bus was intercepted by 10. 00 o clock, and in case the complainant is late, the amount be paid at khuntvada Police Station So saying, the appellant-accused issued a receipt in token of having taken away the permit and other papers which was received by Bhagwanbhai ranchhodbhai, the driver of the luxury bus. The driver was then allowed to run the bus towards village Selana. The complainant thereafter, returned to Mahuva and narrated the incident to the owner/proprietor of the luxury bus. On hearing this, the owner of the luxury bus was

against giving any illegal gratification as all the documents relating to the luxury bus was genuine. Therefore, the owner decided to approach the Anti corruption Bureau, Bhavnagar, accordingly, the complainant, the owner of the luxury bus and one Ramjibhai who happens to be the elder brother of the owner of the luxury bus went to the Office of the anti Corruption Bureau, Bhavnagar, met mr. Bhatt. P. I of Anti Corruption Bureau, bhavnagar, apprised him of the matter and lodged the complaint. It is further the case of the prosecution that two Panchas were called and they were told the purpose for which they have been called, the complaint was read over to them and they agreed to be panch Witnesses. They were also explained the purpose and use of anthracene powder. Thereafter, the complainant gave two currency notes in the denomination of rs. 100/- each and one currency note in the denomination of Rs. 50/- aggregating rs. 250/ -. These currency notes as also the hands of the complainant, Panchas and other staff were observed in ordinary light and nothing significant appeared. Thereafter, a bottle containing anthracene powder was taken from the cupboard, some anthracene powder was put in a blank paper, these currency notes were smeared with anthracene powder and when they were again observed in ordinary light no visible marks were seen. These currency notes were again tested under ultra-violet lamp and glowing marks of bluish powder were seen. These currency notes were then pur into the shirt pocket of the complainant after ensuring that the shirt pocket was empty. It wa