FAROOQ HASAN. J.— In this Criminal Appeal, the judgment dated 30. 11.1981 of the Special Judge (Anti-Corruption Cases) Rajasthan, Jaipur convicting the appellant, Shiv Nandan, under Sec. 5(1)(d)(2) of the Prevention of Corruption Act, 1947, (Act for short) and S. 161, IPC. & sentencing him to undergo one years R. I. with a fine of Rs. 300/-(in default, further 3 months R.I.) on each counts is sought to be set aside.

2. Shiv Nandan Sharma, the appellant was a clerk in the Office of the Assistant Engineer, (AEN) Rajasthan State Electricity Board (RSEB), Behror having official duty to prepare the bills of consumers. One, Ram Avtar who was having an electrical connection in his fathers name had been issued a bill (Ex. P. 1) by the Assistant Engineer, R.S.E.B. Behror to the tune of Rs. 1200.65p. payable by 29.3.1976-which according to him (Ramavtar) was too much excessive more than the amount due if any. Thus, upon receiving the bill (Ex. P,l). the prosecution alleged. Ramavtar (decoy) went to the Office of the AEN, RSEB, Behror on 25.3.1976 and moved an application (Ex.P.2) in his fathers name describing the bill (Ex P.l) in a sum of Rs. 1200.65p. to be incorrect being excessive, and requested to correct the same. The prosecution alleged that the application (Ex.P.2) was given to the appellant who demanded a bribe of Rs, 50/- after coming outside his room otherwise his electric connection should be disconnected and that apart he (decoy) would have to pay penalty, and the bill would not be corrected without obtaining the order of deduction of the sum, of the AEN, RSEB Behror. The decoy pleaded that he was not in a position to pay the amount demanded and it was ultimately settled that the sum of Rs. 25/-would be paid for which he was directed to come with money in the office of the AEN, RSEB, Behror on 28.3.1976.

3. The decoy pleaded not to pay the bribe and therefore he made a complaint in the office of the Deputy Superintendent of Police (Anti-corruption), Alwar on 27.3.1976, with the assertions, referred to above. With reference to the payment of the alleged illegal gratification, a trap was arranged where first of all, the decoy was directed by the Dy. S.P. to remain present on 28.3.76.at 2 P.M. at Behror near Hospital, with the amount of gratification demanded by the appellant. On 28.3.1976, as directed by the Dy. S. P., the decoy came to the village, Behror, where he found Dy. S. P. alongwith Mahesh Kumar (constable), Ram-jilal (Head Constable), Madan Singh (constable). Thereafter, the Dy. S. P. called Gugandas (PW 3) and Magan Behari (PW 4) for being motbirs in whose presence report (Ex. P. 3) was read over and the decoy admitted its contents to be correct. The decoy thereupon produced Rs. 25/-in the denomination—two notes of Rs. 10/-each, & one of Rs. 5/—numbers of which were noted and they were treated with phenol-phthalein powder. After usual instructions were given to the decoy and the panch witnesses, the raiding party proceeded towards the crucial place.

4. It is pertinent to mention here that the decoy was instructed to again have a talk with the appellant about the demand of illegal gratification and the Panch witnesses were instructed to remain present nearby the decoy so as to peep, see and hear the talks in between the decoy and the appellant. The decoy was further instructed to give signal by putting his hand on his head after payment of bribe. Other members of the raiding party were also instructed to stand at the directed point of place.

5. Thereafter the decoy went and enterd into the Office of the AEN, RSEB, Behror, and found the appellant sitting in his room and told the appellant to correct bill whereupon the appellant is said to have demanded Rs. 25/-and the decoy banded over the said money to the appellant who took and put it inside his pant Docket and the appellant is said to have prepared fresh corrected bill (Ex. P. 6) to the tune of Rs. 653.95 p.

6. The prosecution case further is that Mahesh Kumar (PW 6) g

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