G.K. SHARMA, J.—-This appeal has been preferred against the judgement dated 22rid Oct. 77, passed by the Special Judge for ACD-Cases, Jaipur by which, the appellant has been convicted u/s. 161, IPC and sentenced to I years simple imprisonment and a fine of Rs. 200/-, and in default of payment of fine, to further undergo 1 months simple imprisonment; and u/s. 5(1) (d) 2) of Prevention of Corruption Act (for short, "the Act"), to 1 years simple imprisonment and a fine of Rs. 200/-, and in default of payment of fine, to further undergo 1 months simple imprisonment. Both the sentences were, however, ordered to run concurrently.

2. The appellant was working as Office Superintendent in the Office of CM & HO, Maharani Bhim Singh Hospital, Kota. On 18th Dec, 73, one Labhchand, at about 8. 15 AM lodged a written - report before the Additional Superintendent of Police, Anti-Corruption Department, Kota (for short,the ASP), alleging therein that he was transferred from the Office of CM & HO, Kota, to that of District Medical and Health Officer, Kota, and he had joined duties there on 13th Nov., 73. His service - book and other relevant documents which were sent by the CM & HO, Kota, were not complete, and the same were returned to the Office of CM & HO, for removing the defects, and for full remarks. That file was not received back till 18th Dec. 73. In this connection, when he inquired from the Office Superintendent of the CM & HO Office, Kota (the appellant), the latter told him that if Rs. 50/- were paid to him as bribe, he would get his service - record completed. Because, he did not want to pay the bribe, the appellant withheld the record In this connection, Labhchand met the appellant 2-3 times more, and requested him to send his service record, but the latter again demanded Rs. 50/- as bribe. Informer Labh Chand did not want to pay the bribe and wanted to get the appellant entrapped. He also produced currency-notes of Rs. 50/- to the ASP.

3. On this report, the ASP called two motbirs, and made all pie-requisite arrangements for laying a trap. The currency-notes were smeared with phenol-phthalein powder; and initials were put by the ASP on the said currency notes. Then a memo for handing over the notes, was prepared, and all reached the hospital. The trap was laid. Upon receiving signal, the ASP, after disclosing his identity, caught hold of the accused, and recovered the amount from him. The accused, at that time, offered his explanation that he had given a loan of Rs. 80/- to the decoy, and that out of that, the latter had returned Rs. 30/- earlier and the balance of Rs. 50/- was paid back by him on that date.

4. After completing usual investigation and obtaining sanction for prosecution from the Director, Medical and Health Services (DM&HS) Rajasthan Jaipur, a challan was submitted in the court of Special Judge, ACD Cases, Jaipur.

5. The learned Judge framed charges u/s 161, IPC and u/s. 5(l)(d)(2) of the Prevention of Corruption Act, against the accused - appellant, who pleaded not guilty and claimed trial.

6. The prosecution, in support of its case, examined 6 witnesses. The accused also examined 3 witnesses in his defence.

7. After concluding the trial, the learned Judge found the accused guilty and sentenced him as mentioned above.

8. The learned counsel for the appellant argued that the entire case has been fabricated and the accused-appellant has been falsely implicated in this case, which is a made out one: According to him, Akhilanand PW 5 and his brother Nityanand both were working in the Office of CM & HO, for the last 20 years. Whenever anyone of them was transferred from that office, they used to manage their transfer cancelled through the intervention of the higher authorities, including Ministers.

9. Pitambar Dayal Mathur PW 1 who was Director, Medical and Health Services Rajasthan, Jaipur, in the year 1975, has stated in his cross-examination that Akhilanand was a clerk in his office, and that CM & HO has submitted a repo

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