Z. K. SAIYED, J. –

The appellant, at the relevant time, in the year 1993-1994, was posted as Circle Inspector in the office of Taluka Panchayat, Khambhalia. He was put on trial for the commission of the offences under Sees. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred 'the Act'). The learned Special Sessions Judge, Jamnagar, in Special Case No. 18 of 1993 passed judgment and order of conviction and sentence dated 7th June, 1997, whereby the learned Sessions Judge was pleased to convict the appellant-accused under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act and awarded sentence to the appellant to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 500/-, in default to further undergo simple imprisonment for 3 months. The appellant was also ordered to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for three months for the offence punishable under Sec. 7 of the Prevention of Corruption Act. All the sentences shall run concurrently.

2. According to the prosecution, the complainant at the time of filing of F.I.R., w