Prashant Kumar, J.-This appeal is directed against the judgment dated 07/08/2001 passed by Special Judge, C.B.I. Ranchi in R.C. Case No. 3(A) of 1996, whereby and where under, the appellant was convicted under sections 7 and 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/- for the offence under section 7 of Prevention of Corruption Act. Appellant was further sentenced to undergo R.I. for 1 & 1/2 years and to pay a fine of Rs. 1000/- for the offence under section 13(2) of the Prevention of Corruption Act. It is directed that both the sentences shall run concurrently.

2. The case of prosecution, in brief, is that one Ghanshyam Prasad Satnami (P.W.7) had lodged a complaint with the Superintendent of Police, C.B.I., Ranchi stating therein that his father died, while working in Karkatta Colliery of C.C.L. Thereafter, P.W.7 had applied for payment of Provident Fund and other post retiral-cum- death benefits of his father. It is then stated that he was told by the concerned Clerk of Karakatta Colliery that -2-the service book of his father was missing. Accordingly, the concern clerk suggested P.W.7 to bring the dispatch number of his father's service book from his earlier place of posting i.e. Dakra Colliery, so that his prayer for payment of Provident Fund and other retiral benefits be processed. Accordingly, P.W.7 met P.W.1, Deputy Personal Manager at Dakra Colliery, who told him that his father's service book is not available, therefore, it is required to be reconstructed. Accordingly, P.W.1 suggested P.W.7 to meet the appellant, Shri C.S.Jha, U.D.C., Dakra Project, CCL, who will reconstruct the service book. It is further stated that P.W.7 met and requested the appellant C.S. Jha for reconstructing the service book of his father, who told him to meet him again after 15 days. After 15 days, when P.W.7 met the appellant (Shri Jha), who demanded Rs 500/- as a bribe for sending the service book of his father to Karakatta Colliery. Accordingly, the present complaint filed with the Superintendent of Police, C.B.I. Ranchi.

3. After receiving the said complaint, the Superintendent of Police, C.B.I. Ranchi get the complaint verified. Thereafter, asked the Deputy Superintendent of Police, C.B.I. for arranging a trap, so that appellant be caught redhanded while demanding and taking bribe. Accordingly, a trap was arranged in presence of P.W.2 and P.W.6 and appellant was caught redhanded while demanding and taking bribe from P.W.7. Accordingly, appellant was arrested.

4. After completing the investigation, the C.B.I. submitted charge sheet against the appellant under sections 7 and 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. After receipt of the aforesaid charge sheet, learned Special Judge, C.B.I. took cognizance of the offence and, thereafter, he framed charge against the appellant vide his order dated 18.12.1997 under section 7 and 13(2) of the Prevention of Corruption Act. Aforesaid charge read over and explained to the accused to which he pleaded not guilty and claimed to be tried.

5. The prosecution had examined altogether 10 witnesses in support of its case. The prosecution had also brought on record various documentary evidence in support of its case. After closure of the case of prosecution, statement of accused was recorded under section 313 of the Cr.P.C. in which his defence is that he has been falsely implicated in the instant case by the informant. It appears that learned court below after hearing learned counsels for the parties, convicted and sentenced the appellant as stated above by his judgment dated 07.08.2001 against which present appeal filed.

6. Shri B.M. Tripathi, learned senior counsel appearing for the appellant assailed the impugned judgment of conviction and order of sentence and submitted that there was no demand of bribe made by the appellant nor he received any illegal gratification. He further submits that, in fact,