K.D. SHARMA C J.—This is an appeal filed by Hari Rudra Bhavan against the judgment of the Special Judge, Anti-Corruption Cases, Raj Jaipur dated July 30, 1975, by which the appellant was convicted under section 161, I.P.C. and Sec 5(2) read with section 5(1) (d) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default of payment of fine to further suffer rigorous imprisonment for one month on the first count and on the second to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default of payment of fine to further suffer rigorous imprisonment for two months. The substantive sentences of imprisonment on both the counts were, however, ordered to run concurrently.

2. The incident that led to the prosecution of the appellant may be stated as follows : —

3. The appellant was an employee of the office of the Deputy Collector (Jagir) Jaipur,on February 19,1974.It is alleged by the prosecution that the appellant in the capacity of a public servant in the office of the Deputy Collector (Jagir) Jaipur demanded a sum of Rs. 20/-;as illegal gratification other than legal remuneration from Mangat Singh for payment of interest on his Jagir bonds. The appellant told Mnagat Singh that he would take Rs. 10/-, in advance and the rest of the sum would be taken by him after payment of interest on the Jagir bonds. Mangat Singh was not willing to part with the money and therefore he approached the Additional Superintendent of Police, Anti-Corruption, Jaipur, and lodged a complaint with him stating therein that the appellant was demanding bribe from him for making payment of interest on his Jagir bonds. The Additional Superintendent of Police. Anti-Corruption Department prepared a memo Ex. P. 6 land obtained the signatures of Mangat Singh on it and obtained currency notes of Rs. 10/-. from Mangat Singh. One of the notes was of the denomination of Rs. 57- another was of the denomination of the value of Rs. 2/-, and the rest were of the denomination of Re. 1/-. The Additional Superintendent of Police thereafter noted down the numbers of the currency-notes in a memo Ex. 6 in the presence of Jaggannath and Nathu Lal Motbirs, He them initialled the currency-notes and having dusted with the phenol pthalein powder gave the to Mangat Singh decoy the very day and instructed the latter to give a signal after handing over the said currency notes to the appellant upon his demand. The Additional Superintendent of Police sent Mangat Singh decoy for delivery of the currency-notes to the appellant in advance and after a short while reached the premises of the office of the Deputy Collector(Jagir) along with his party. However,the trap on that day could not be laid successfully because the appellant was on leave. A second trap headed by Gayatri Sharan, Deputy Superintendent of Police, Anti Corruption Department was laid on February 14, 1973, but this trap also did not came out successful because on that day also the appellant was on leave. Eventually on Feburary 19,1974,the Additional Superintendent of Police Mr. Tejwani succeeded in laying down the trap. As soon as the initialled currency-notes were passed over to the appellant, Mangat Singh decoy gave the agreed signal,tothe Additional Superintendent of Police,who rushed to room No. 24 of the office of the Deputy Collector, Jagir, Jaipur, in which the bribe was given. After reaching there the Additional Superintendent of Police disclosed his identity to the appellant by showing his identity card but in the mean time the appellant threw away the currency-notes Arts. 2 to 6 after taking them out of the pocket of his coat. The currency-notes fell on the ground towards the left side of the appellant. The Additional Superintendent of Police, thereupon, asked the appellant as to why he had thrown away the currency-notes on the ground. The appellant, thereupon denied the acceptance of bribe of Rs 10/-, from Man

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