Paran Kumar Phukan, J.

This appeal is directed against the judgment and order dated 26.03.2013 passed by the learned Special Judge, Assam, Guwahati in Special Case No. 02/2011 convicting the accused appellant under Section 7 of the Prevention of Corruption Act and sentencing him to Rigorous Imprisonment for 3 (three) years 6 (six) months and to pay fine of Rs. 10,000/-, in default, to Rigorous Imprisonment for 6 (six) months.

2. The case of the prosecution in brief is that the accused appellant while functioning as Medical and Health Officer in the Central Jail, Guwahati, demanded illegal gratification of Rs. 1500/- from the informant for providing medical treatment to the ailing brother of the informant who was detained in the jail in connection with a case. Out of the aforesaid amount, Rs. 500/- was already paid to the accused appellant by the informant and instead of paying the balance amount of Rs. 1000/-, the informant decided to bring the matter to the notice of the Vigilance & Anti Corruption Department and accordingly, an FIR was filed on 19.10.2002 with the Superintendent of Police, Vigilance & Anti Corruption Department.

3. On receipt of the FIR, a case was registered and trap was laid to catch the accused appellant. At the relevant time, the accused appellant was residing in his quarter inside the jail campus. A trap team was constituted comprising, Sri Kamaleswar Dutta, Additional Superintendent of Police, Sri Jagadish Sarma, Inspector of Police, Sri Ramani Das, Constable and Makibur Rahman Talukdar, Constable. The case was endorsed to Police Inspector, Jamiruddin Laskar to execute the trap and to apprehend the accused appellant in his residence at the time of taking bribe from the informant Upen Baruah. Accordingly, pre-trap memorandum was prepared, necessary chemical was used to trap the hundred rupee notes given by Upen Baruah to the trap team and as per plan, informant Upen Baruah and his colleague, Dilip Sarma went to the residence of the accused appellant and delivered the envelope containing the ten numbers of hundred rupee currency notes treated with phenolphthalein powder. Immediately, thereafter, the trap team searched the person of the accused appellant in presence of Executive Magistrate, Sri Utpal Sarma and recovered the currency notes from his trouser pocket. The accused appellant was taken into custody and all formalities were observed. On completion of investigation, Charge-Sheet was laid against the accused appellant under Section 7 of the P.C. Act.

4. In order to prove the charge, the prosecution examined as many as 8 witnesses. The accused appellant in his defence statement denied having received any bribe from the informant and in support of his case, he examined one witness.

5. The learned Special Judge, Assam, on completion of the trial, found the accused appellant guilty and convicted and sentenced him accordingly as stated above. Hence, this appeal.

6. Heard Mr. K. Agarwal, learned counsel appearing for the accused appellant and Mr. B.J. Dutta, learned Additional Public Prosecutor, Assam.

7. Mr. Agarwal, learned counsel for the accused appellant, submitted that there is no evidence that the accused appellant had demanded bribe from the informant for providing treatment to his brother.

8. Inviting my attention to the evidence of PW6, the informant of this case, it is submitted that the informant himself disowned making the FIR and there is no evidence that the accused appellant had demanded money for treatment. His evidence is that his younger brother, Kulen Baruah was in Guwahati Jail in connection with a case and for his release, he approached one Hridayananda Kalita and this Hridayananda Kalita scribed the FIR. He told him to deliver a letter to the jail doctor and one day, he was taken to an office by Hridayananda Kalita for having discussion with police officers and thereafter, he was taken to the residence of jail Doctor in the jail premises. He also stated that he was accompanied by