Jaya Roy, J.- The present appeal has been filed by the appellant against the judgment of conviction and sentence dated 23.11.2005 passed in R.C. Case No. 21 (A)/94(R) by the Special Judge, C.B.I., Ranchi, whereby, the appellant has been convicted under Sections 7 and 13(2) read with 13(1)(d) of the P.C. Act and has been sentenced to undergo rigorous imprisonment for two years under Section 7 of the P.C. Act and further sentenced to pay a fine of Rs. 4,000/- in case of default further to undergo simple imprisonment for one month. The appellant is further sentenced to undergo rigorous imprisonment for three years under Section 13(2) read with 13(1)(d) of the P.C. Act and sentenced to pay a fine of Rs. 6,000/- in case of default further to undergo simple imprisonment for two months. All the sentences were ordered to run concurrently.

2. The case of the prosecution in short is that the complainant Faiyaz Bihari had deposited Bank Guarantee of one lakh rupees alongwith an application on 19.9.1994 for wholesale Trade of Coal in the C.C.L. and requested Sri Bhubneshwar Jha, dealing assistant to process his application and the said dealing assistant asked him to come after 10 to 12 days. It is further alleged that on 3.10.1994 the complainant met with Bhubneshwar Jha in his office and asked him about his work, then he told the complainant that his application will be sent to Legal Section of C.C.L. as per the procedure of C.C.L. and the Bank Guarantee will be verified. from the Bank and thereafter, D.O. will be issued from the Sales Department. The accused-appellant also asked the complainant to pay RS.200/- (two hundred) for processing. The complainant asked the accused-appellant to do his work without taking any money but he told that without taking money, he will not process his paper. The complainant did not want to give bribe to Bhubneshwar Jha, so he made a complaint to the S.P., C.B.I., Ranchi.

3. The allegations in the written complaint submitted by the complainant were verified and after its confirmation, F.I.R. was registered. Thereafter, in order to catch-hold of the appellant, the C.B.1. arranged a trap. After observing the pre-trap observation, Rs. 200/- (two G.C. notes of 100 denominations) brought by the complainant was tainted with Phenolphthalein Powder in presence of witnesses and a preliminary memo was prepared which was signed by the independent witnesses, complainant and all other members of the trap team.

4. After completing the pre-trap formalities, the trap party including the independent witnesses and the complainant namely Faiyaz Bihari proceeded for going to C.C.L. Office at about 12.30 P.M. and reached there at about 12.35 P.M. and location of the office and topography of area was studied. The Sales Office of the C.C.L., in which Bhubneshwar Jha was working, was situated near the main gate of entrance of the C.C.L. Office in the right hand side, adjacent to the State Bank of India. The trap team members and witness Sri S.B. Prasad took their position near the office of the Sales Department. Thereafter, the complainant namely Faiyaz Bihari entered into the office and the independent witnesses Sri R.K. Lal and Sri B.N. Singh followed him. The accused appellant namely Bhubneshwar Jha was sitting in the hall alone though there was another table also for other assistants. The complainant-Faiyaz Bihari approached the accused Bhubneshwar Jha and sat on a chair lying vacant towards left side of the accused and they talked about 5 minutes and thereafter, accused Bhubneshwar Jha extended his left hand and the complainant took out the tainted G.G. Note and paid to the accused. Accused Bhubneshwar Jha transferred the G.G. Note in his right hand and after being satisfied that there is Rs. 200/-, kept the G.G. Note in between some files in the• right side of the lower drawer of his table. The acceptance of bribe amount was seen by the witnesses namely R.K. Lal and B.N. Singh. The complainant gave prefixed signal and