1. This is a criminal appeal, filed under Section 374 (2) of the Cr.PC, challenging the judgment and order, dated 5.11.2012, passed by the learned Special Judge, Assam, in Special Case No. 7/2011, convicting and sentencing the accused-appellant to undergo rigorous imprisonment for 3 years and to pay an fine of Rs. 10,000/- in default to undergo rigorous imprisonment for 6 months.

2. None appears for the accused-appellant on call. I have heard Mr. B.J. Dutta, learned Additional Public Prosecutor for the state respondent.

3. I have perused the impugned judgment and the record of the learned trial court including the evidence of the witnesses.

4. The fact leading to the prosecution case is that, on 17.9.2009, the Project Director of DRDA, Sivasagar, lodged an FIR with the officer-in-charge of Sivasagar Police Station to the effect that, after making an enquiry into the complaint, made by Smt. Gitali Sarma, he found that the Secretary of Salguri Gaon Panchayat, Sri. Anil Gogoi (accused-appellant) had taken bribe of Rs. 500/- from Smt. Biju Sarma at the time of drawing Rs. 19,000/- allotted to her under the IAY Scheme, from her bank account. The Enquiry Report was furnished