JUDGMENT :

(Birendra Kumar, J.) :

1. The sole appellant Babu Lal has challenged his conviction by judgment and order dated 1.12.2023 passed by the Learned Special Court, Anti Corruption, Udaipur in Special Sessions Case No. 5/ 2011 arising out of FIR No 237/2009 registered with ACB Police Station, Jaipur.

By the impugned judgment, the Learned Trial Judge has convicted the appellant for offences under Section 7 of the Prevention of Corruption Act (hereinafter referred to as “PC Act”) and awarded 1 year simple imprisonment along with fine of Rs.10,000/-. Similar imprisonment and fine has been imposed for offence under Section 13(1)(d)/13(2) of the PC Act and in default of payment of fine, additional 1 month simple imprisonment has been awarded.

2. The prosecution case as disclosed in the written complaint dated 10.9.2009 of PW.1 Bagheswar Ahari is that the complainant is a Teacher and had applied for personal loan from Bank of Baroda at Paloda Branch in the District Banswara in August 2009. The Bank Manager (Mr. B.L. Meena present appellant) asked for Rs.5,000/-for sanction of loan of Rs.1 lakh. Rs.5000/-was demanded as gratification. The complainant met the assistant of the bank Mr.