JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present Criminal Appeal is filed by the appellant-original accused under Section 374 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) against the judgment and order of conviction and sentence dated 20.9.2006 passed by the learned Special Judge, Fast Track Court, Patan in Special A.C.B. Case No. 20 of 2002, whereby, the learned Special Judge has convicted the appellant herein for the offence punishable under Section 7 of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a period of 1 year and awarded fine of Rs. 10,000/- and in default of payment of fine, three months simple imprisonment and to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Sections 13 (2) r/w Sections 13 (1)(d), 1, 2, 3 etc. of the Prevention of Corruption Act and awarded fine of Rs. 10,000/- and in default of payment of fine, three months simple imprisonment. Both the conviction and sentence run concurrently.

2. The brief facts giving rise to the Appeal are that, the accused was Talati-cum-Mantri at village Kanoda. The complainant Rameshkumar Mafatlal Patel lodged his complaint alleging that his uncle Amrutlal had expired and regarding his uncle’s land Varsai Entry is to be made in favour of his son Chandubhai Amrutlal. Therefore, Chandubhai told the accused to make necessary Varsai Entry in his favour and for that work the accused has demanded Rs. 200/- as illegal gratification. On 15/11/2000 when the complainant went to Panchayat Office, the accused told him to give the amount of Rs. 200/- for the work of his uncle’s son being done by him. Therefore, the complainant gave Rs. 100/- to the accused and further told him that he will pay the remaining amount of Rs. 100/- in a day or two. Thereafter, the complainant has given complaint being Exh.20 at A.C.B. Office, Mehsana on 16/11/2000 and a trap was arranged.

2.1 The two panchas were called. They were introduced inter se and thereafter, demonstration was carried-out on two currency notes of Re. 50/- each given by the complainant. The basic characteristic of the anthracene powder was also explained and thereafter, the first part of the Panchnama was drawn. The trap which was arranged on 16.11.2000 was failed due to unavailability of the accused. Therefore, on 17.11.2000 as the accused was found in the village, again the panchas were called and trap was arranged. The smeared currency notes which were retained in a packet, were again smeared with the anthracene powder. The demonstration was performed and the said currency notes were put in the pocket of the complainant. The third part of the Panchnama was drawn at the Police Station. The instructions were given to the complainant to go along with Panch-1 at the Gram Panchayat Office, Kanoda and to meet the accused and to talk with him about the Varsai Entry and when the accused demanded remaining amount of Rs. 100/- the smeared currency notes were to be given to the accused. Thereafter, it was found that the accused was not present in the Office and therefore, the said trap was failed. On the next day, the accused was seen in the village and therefore, the complainant and the Panch-1 went to the House of the Accused. At the house of the accused, the complainant introduced the Panch-1 as the partner of his nephe