Hon'ble Mr. Justice, P K Musahary

1. The appellant was convicted under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 and under Section 314 of the IPC and sentenced to suffer R.I. for one year and fine of Rs. 5,000/- (Rupees five thousand), both the sentences being directed to run concurrently, vide judgment and order dated 30.9.2005 rendered by the learned Special Judge at Guwahati in Special Case No. 5(A)/2001. Being aggrieved by the aforesaid judgment, the appellant preferred this appeal under Section 374(2) CrPC, 1973. The short facts of the prosecution in this case are that the Deputy SP, CID, Assam lodged a written FIR with the Special Superintendent of Police, CID Assam, Guwahati informing that having received a petition on 21.8.1998 from one Ms. Kalyani Sarmah and having recorded it as GDE No. 125 on 21.8.1998, he made an enquiry and found that CID Inspector Aswini Das and CID constable Prasanta Goswami, in collusion with 4/5 others attempted to extort an amount of Rs. 50,000/- (Rupees fifty thousand) from milkmen named Kishore Chetri, Ramu and R.P. Sarmah accusing them of selling adulterated milk and threatening to take action ag