Z.K. Saiyed J.—By way of present appeal filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original accused No. 1 has inter alia prayed to quash and set aside the judgment and order of conviction and sentence dated 15th October, 1998 passed by the learned Special Judge, Surat, in Special Case No. 21 of 1995 whereby the learned Special Judge was pleased to convict the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for a period of two years, and also imposed fine of Rs. 2,000/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of two months. The appellant was also convicted for the offence punishable under Section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of four years, and also imposed fine of Rs. 20,000/-, and in default of payment of fine; sentenced to undergo simple imprisonment for a further period of six months.

2. As per the case of the prosecution, the appellant was serving as Talati-cum-Mantri of Naren Gram Panchayat, Taluka-Mandvi, District-Surat. The complainant had filed a Suit against his mother and therefore, wanted copies of Form No. 7/12 of Survey No. 339 from 1945 to 1990. The complainant had applied for the same before the Mamlatdar. The said application of the complainant was forwarded by the Mamlatdar to the present appellant on 16th September, 1994 and ordered the appellant to do the needful and also ordered to make report to the said effect. It is the case of the prosecution that therefore, the complainant on 19th September, 1994 about 10.00 hours, visited office of Areth Gram Panchayat and gave his application to the present appellant. The appellant thrown the said application of the complainant and demanded Rs. 450/- from the complainant as illegal gratification from the complainant. Thereafter, again on 21st September, 1994 the complainant visited the office of Gram Panchayat, Areth and gave application to obtain copies of Form No. 7/12 of Survey No. 339. Therefore, the appellant told the complainant that come on 26th September, 1994 at the office of Areth Gram Panchayat between 10.00 hours to 11.00 hours with Rs. 450/- and thereafter only, he will give copies of Form No. 7/12.

3. Thereafter, as the complainant was not willing to pay the said amount, he approached office of ACB at Surat and lodged his complaint. Thereafter, services of two panchas were sought. The facts of the case were narrated to them and thereafter experiment was made on the currency notes with the help of anthracene powder. The basic ingredients of the anthracene powder were made understood to the panchas as well as the complainant. After performing the experiment, preliminary part of the panchnama was drawn. The currency notes were smeared with anthracene powder, i.e. nine notes of the denomination of Rs. 50/- each. Thereafter, the complainant, panchas and members of the raiding party proceeded to trap the accused person to village Areth. When the reached to Areth, it revealed that the appellant had left for Mandvi. Therefore, the raiding party proceeded to Mandvi. There the appellant was approached by the complainant in presence of panch No. 1, the appellant demanded the amount of Rs. 450/- from the complainant and accepted the said amount from the complainant in presence of panch No. 1. Thereafter, as agreed, the appellant gave signal to the members of raiding party and raid was carried out. Thereafter, on making necessary inquiry, trap amount was received from the plastic bag of the appellant. Thereafter, experiment of UV Lamp was carried out. The light blue fluorescent marks were found on the currency notes, on the hand of the appellant-accused and on the hand of the complainant. The number of the currency notes recovered from the plastic bag of the appellant got tallied with