B.D. Agarwal, J.

1. The appellant herein was working as Lower Division Assistant in the Office of the District Judge, Kamrup, Guwahati at the relevant time. In the year 2004 few posts of junior Administrative Assistants were notified to be filled up. The written test for the said vacant posts was held in the month of July and the oral interview was held on 11.09.2004. Thereafter the Gauhati High Court Registry came to know that a few candidates were being approached by someone to engage him as a middle man to get the job. Accordingly, an administrative enquiry was held and thereafter a formal FIR was registered; on the basis of a judicial order passed in W.P. (C) 87 of 2005 on 10.1.2005, by the CBI being Case No. RC 2(A)/2005-GWH under Sections 120-B/511 of the Indian Penal Code and Section 7 of the Prevention of Corrupt Act, 1988. After the investigation, charge-sheet under Section 120B, IPC and Sections 7 and 15 of the PC act were filed against the appellant Dhiraj Barman and one Bhusan Kalita on 24.3.2006. The co-accused Bhusan Kalita subsequently became an approver and examined as PW 25. After the trial, the appellant herein has been convicted under Section 120B, IPC and Sections 7 and 15 of the PC Act and varied sentences have been awarded, maximum being R1 for two years with fine vide impugned judgment dated 29.9.2009 passed by the learned Special Judge, CBI, Assam, Guwahati in Special Case No. 14 of 2005. Being aggrieved with his conviction and sentences the sole accused has preferred this appeal. I have heard oral arguments of Sri K. Agarwal, learned counsel for the appellant and that of Sri P.N. Choudhury, learned Senior Standing counsel for the C.B.I. Sri Agarwal has also furnished comprehensive written argument and during the course of hearing the learned counsel also took me to the oral evidence of the witnesses in detail

2. On the basis of the evidence collected by the Investigating Officer the following charges were framed against the appellant before the commencement of the trial.

During 2004, while working as LDA in the office of the Court of District & Sessions Judge, Kamrup at Guwahati you entered into criminal conspiracy with Sh. Bhusan Kr. Kalita and others and in pursuant to such conspiracy, you agreed to do some illegal acts, to wit, (1) cheat the Hon'ble Gauhati High Court as well as candidates, such as Sh. Rituparna Das, Sh. Rajib Deka and Sh. Suprotive Lal Baruah; (2) demand illegal gratification ranging from 1.20 lacs to 1.50 lacs, from some candidates, namely, Sh. Rituparna Das, Sh. Rajib Deka and Sh. Suprotive Lal Baruah on giving false assurance of selecting them as LDA in the Hon'ble Gauhati High Court and (3) collect aforesaid sum in installment-first part as advance and second part after the declaration of result/and after their joining in service and thereby committed an offence punishable under Section 120B, IPC and within the cognizance of this Court.

During the same time and place, you being the LDA a public servant, attempted to obtain illegal gratification from Sh. Rituparna Das, Sh. Rajib Deka and Sh. Suprotive Lal Baruah, which you were not legally entitled to, for showing them some favour from some public servants, working in the High Court and the District & Sessions Judge establishment in discharge of their official duties and thereby committed offence punishable under Section 7 of the PC Act, 1988 and within the cognizance of this Court.

During the above time and place, you being public servant, attempted to obtain illegal gratification by corrupt and illegal means and thereby committed an offence punishable under Section 15 of the PC Act, 1988.

And I hereby, direct, that you be tried by this Court on the said charge.

3. For easy appreciation of the legal issues raised by the learned counsel for the appellant and also for better appreciation of the evidence it would be proper to extract the relevant provisions of Sections 120A and 120B of the IPC and Sections 7, 13 and 15 of the PC