JUDGMENT :

1. Heard the parties.

2. The appellant-convict has preferred this appeal being aggrieved by the Judgment of conviction and Order of Sentence dated 29.08.2003 passed by learned Special Judge C.B.I.-Cum-4th Additional Sessions Judge, Dhanbad in R.C. Case No.2A/88 D whereby and where under the learned court below has held the appellant-convict guilty of having committed the offences punishable under Section 161 of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.500/- under Section 161 of the Indian Penal Code and to undergo rigorous imprisonment of two years and to pay a fine of Rs.500/- for the offence punishable under Section 5 (2) of the Prevention of Corruption Act, 1947 and in default of payment of fine to undergo further simple imprisonment of two months each and it was ordered that both the sentences shall run concurrently.

3. The case of the prosecution in brief is that while the appellant-convict was posted as Accounts Assistant in the Bhowra area of B.C.C.L., he demanded bribe of Rs.50/- from the complainant (P.W.3) for payment of the bill amount of Rs.3,000/- of the complainant (P.W.3). An officer of C.B.I. namely Kamla Prasad verified the allegations made in the complaint and submitted his report confirming the demand of illegal gratification by the appellant-convict as alleged in the written complaint by the complainant. On the basis of the report submitted by the verifying officer, this case has been registered. The investigation of the case was entrusted to the P.W.8- Ajay Kant Sahay. A trap was successfully conducted. On 10.02.1988, the appellant-convict was caught red-handed after he accepted the bribe amount of Rs.50/- which was wrapped in a paper and kept by him in the drawer of his table in his office.

4. After completion of the investigation, charge-sheet has been submitted against the appellant-convict for having committed the offences punishable under Section 161 of the Indian Penal Code and Section 5 (2) read with 5 (1) (d) of the Prevention of Corruption Act, 1947. Charge for the offence punishable under Section 161 of the Indian Penal Code and Section 5 (2) read with 5 (1) (d) of the Prevention of Corruption Act, 1947 were framed against the appellant-convict to which he pleaded not guilty and thus was put to trial. In support of its case, the prosecution altogether examined eight witnesses besides proving the documents which have been marked exhibits. However no witness was examined on behalf of the defence.

5. Out of the witnesses examined by the prosecution, P.W.3- Nand Kishore Singh is the complainant himself. He has stated about the complaint made by him against the appellant-convict regarding demand of bribe of Rs.50/- for payment of the bill of Rs.3,000/-. He has also narrated in detail about the pre-trap preparations and he also proved his signature on various documents which were marked exhibits. He further stated that he along with other members of the trap team reached Bhowra Colliery at about 11:45 am. P.W.1- B. Lakra accompanied him. The P.W.3 went to the office of the appellant-convict and enquired about his bill. The appellant-convict enquired as to whether the P.W.3 has brought the money demanded by him at which the P.W.3 answered in affirmative and handed over Rs.50/- to the appellant-convict. The appellant-convict took the money and kept the same in his drawer of his office table. The P.W.1 gave the signal and the members of the trap team arrived at the spot and challenged the appellant-convict. The appellant-convict could not give any explanation and admitted taking the bribe money by his right hand. The P.W.3 informed the members of the trap team that the appellant-convict has kept the bribe amount in the drawer of the table. The bribe money was seized and Sodium Carbonate solution was prepared and the appellant-convict was asked to immerse his hand in the