CHOPRA, J.—This is an appeal against the judgment of the learned Special Judge, Anti Corruption Cases, Rajasthan, Jaipur dated 30-6-1976 where by the learned Judge has held the accused-appellant guilty of the offence under section 5(l)(d)(2) of the Prevention of Corruption Act and section 161 IPC and has sentenced him to two and half years rigorous imprisonment on the first count together with a fine of Rs. 500/- and in default to undergo 5 months rigorous imprisonment and to a sentence of one years rigorous imprisonment on the second count. Both the substantive sentences were ordered to run concurrently.

2. This appeal was earlier decided by this Court vide its judgment dated 15-1-1986 but on a petition for special leave filed before their Lordships of the Supreme Court, the judgment of this court was set aside and the case was remanded for re-hearing. Hence this appeal, comes up for decision after re-hearing.

3. The facts necessary to be noticed for the disposal of this appeal briefly stated are that a case No. 67/74 under section 143, 147, 451 and 504 IPC was registered against one Ramkishan at P.S. Vijaynagar. At the relevant time, the Station House Officer of P.S. Vijaynagar was accused Abdul Quddoos. The allegation against the accused is that he demanded a sum of Rs. 75/- as illegal gratification for deleting certain offences against the accused i.e. the offence under sections 147 and 451 IPC which are cognizable. It is alleged that before 2-3 days of 6-12-1974, the complainant went to Udaipur and met the Addl S. P. Anti-corruption in this regard and complained to him about the demand of illegal gratification made to him by the accused. He was advised to contact the Addl. S.P. at Chittorgarh in the Dak Bungalow on 6-12-1974. Consequently, the complainant met the Addl. S.P. on 6-12-1974 and submitted before him a written report against the accused mentioning therein that the accused has demanded illegal gratification from him to delete certain offences from the charge-sheet that was due to be filed against him. On the basis of that report, certain Motbirs i.e. PW 4 Mangi Lal and PW 5 Kalyan Singh were called and in their presence, Rs. 75/- were handed over to Shri Ram Singh the then Addl. S.P. Anti-Corruption who put his initials on those notes and later, a tumbler full of water was brought and sodium carbonate powder was put into it and after phenotholine powder was put on the notes, the hands were washed in that water mixed with sodium carbonate powder, by which, the colour of the water became pink and, thereafter, those notes were handed over to the complainant in the presence of the Motbirs and he was asked to hand over those currency notes to the accused. It is alleged that thereafter, the complainant went to the Court and met the accused SHO. It is further alleged that initially he took the accused SHO to a tea-stall where while serving him with tea, he offered money to the accused-appellant but the accused-appellant told him that there is no hurry about it and he will take the money when the accused is bailed out. On that day, the challan could not be filed and, therefore, the accused SHO told the complainant to bring all the accused in that case on the next day so that challan may be presented and their bail bonds may be accepted by the Court. It, however, transpires from the record that copies of the challan papers were handed over by Shri Abdul Quddoos accused-appellant to the counsel for the complainant. Later, it is alleged that from the tea-stall they came back to the Court. It is further alleged that the bus which was going for Banswara was stopped by the accused near the gate of the Court premises where the Court of Munsif is situated. At that time, complainant Ramkishan was carry ing the bag of accused-appellant. When the bus was stopped, the accused-appellant asked the complainant to hand over his bag to him along with the amount of illegal gratification, whereupon the complainant handed over the bag and mo

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