JUDGMENT :

C.K. Buch, J.

The present appeal is preferred by the appellant-convict-accused of Special Case No.4 of 1991, decided on 30th September, 1993 by the learned Special Judge (Court No.2) of City Ahmedabad. The appellant-accused (hereinafter referred to as 'the accused') stood trial for the offences punishable under Sections 13(1)(d) (i) and (ii) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'). The accused came to be convicted vide judgment and order under challenge for the offence punishable under Section 7 of the Act and has been imposed sentence to undergo simple imprisonment for three years and to pay a fine of Rs.100/-, in default to undergo further simple imprisonment for a period of three months. The accused is also found guilty by the ld.trial Judge for the offences punishable Sections 13(1)(d)(i) and (ii) of the Act and for that offence, the ld. trial Judge has imposed simple imprisonment for a period of three years and a fine of Rs.500/-, in default to undergo further simple imprisonment for three months. Of course, these sentences are ordered to run concurrently. Thus, the judgment and order of conviction and sentence is under challenge and the same has been assailed on various grounds mentioned in paragraph no.4 of the memo of the appeal and the appellant has tried to point out various aspects where according to the appellant, the learned Special Judge has erred either in appreciating the evidence and also in applying relevant legal aspects.

2. The facts of the accused's case are that the accused at the relevant point of time was a Senior Clerk working in the office of the Gujarat Housing Board in Estate Department and he came to be prosecuted on the basis of the complaint lodged with Anti-Corruption Bureau by one Rajnikant Muljibhai Patel (hereinafter referred to as 'the complainant') on 30th April, 1990. The allegation in the complaint is that the brother-in-law (wife's brother) of the complainant wanted to purchase a flat constructed by Gujarat Housing Board situated in one of the schemes known as 'Vandan Apartment', Mr. Ankoor Cross Roads, Naranpura, Ahmedabad, bearing No.36/259. The said flat was standing in the name of original owner Vasantben and she had purchased the said flat on higher purchase basis from the Gujarat Housing Board. It is alleged that in connection with transfer of said flat in the name of Hasmukhbhai, certain formalities were required to be performed and the accused was dealing with such transfer of flats from one person's name to the proposed transferee and the accused demanded illegal gratification of Rs.1000/- for helping the cause. It is the say of the prosecution that when Hasmukhbhai decided to purchase the said flat from Vasantben, both of them had gone to the office of the Gujarat Housing Board situated near Pragatinagar, Naranpura at Ahmedabad, whereby they were asked to produce requisite form signed by the seller and the prospective buyer and they were asked to file an affidavit on an appropriate stamp paper. They had visited the said office on 26th April, 1990 and at that time, along with the complainant, the said Vasantben her son and Hasmukhbhai were there with the complainant apart from a friend of the complainant. On inquiry this group of persons was asked to go to the table of one Mr.Swamy i.e. present appellant-orig.accused as he was dealing with transfer of flats of Housing Board. The papers were shown to the accused who scrutinized the same and put initials on them. However, they were advised that the affidavits are required to be sworn before the learned Magistrate and the affidavits were prepared. As per the requirement and advice given by the accused, an amount of Rs.3001/- was deposited with the office of the Housing Board as transfer charges and thereafter all papers were given to the accused on the same day. It is the case of the prosecution that on that day the accused told the complainant that if the complainant wanted to get t