JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. The appellant has preferred this appeal being aggrieved by the Judgment of conviction and Order of sentence dated 24.03.2003, passed by the learned Additional Judicial Commissioner-cum Special Judge, Vigilance, Ranchi in Vigilance P.S. Case No. 25 of 1986 whereby and where under the learned court below has held the appellant-convict guilty for the offences punishable under Section 161 I.P.C. for which he has been sentenced to undergo Rigorous Imprisonment for one year and also for the offence punishable under Sections 5(2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947 for which he has been sentenced to undergo Rigorous Imprisonment for a period of one and half year and fine of Rs. 5,000/- and in case of default of payment of fine to undergo Simple Imprisonment for a period of three months. It was ordered that both the sentences shall run concurrently and the period of sentence already undergone by the convict shall be set-off.

3. The case of the prosecution in brief is that when the appellant-convict was posted as Junior Engineer in Chanho Block Office, he demanded the bribe of Rs. 600/- from the complainant for preparing bill of Rs. 2,000/- in respect of the loan for getting a well-constructed under the 20-Programme Point. It is also alleged that the appellant-convict has warned the complainant that unless the complainant makes illegal gratification, the cheque will not be issued. The complainant submitted his complaint to the Superintendent of Police, Vigilance, Ranchi. The Superintendent of Police, Vigilance, Ranchi entrusted the matter for verification and after the report of the officer concerned regarding the truth of the allegation, a trap was laid on 24.09.1986 at the Block Office of Chanho. The appellant-convict was caught red handed while taking the bribe of Rs. 400/-. Search of the appellant-convict was duly made and the sleaze money was recovered.

4. After investigation, charge sheet was submitted against the appellant-convict for having committed the offences punishable under Section 161 I.P.C. and Sections 5(2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947. The charges for the said offences were framed against the appellant-convict to which the appellant-convict pleaded not guilty.

5. In support of its case, the prosecution altogether examined 13 witnesses.

6. P.W.1-Biglal Oraon was the Deputy Superintendent of Police (Vigilance) on the date of occurrence-on 24.09.1986. He deposed about the pre trap preparations in detail. He further deposed that the members of the trap team reached Chanho Block Office at 11 : 00 am and took their position. P.W.1 was in the verandah of the said office. The appellant-convict reached the office at about 12 : 00 noon and on seeing the complainant; P.W.1 enquired from him whether the complainant has brought the money. The complainant answered in the affirmative and handed over the currency notes kept in the envelope to the appellant-convict. The members of the trap team reached the spot. The hand of the appellant-convict was caught and the appellant-convict was challenged by informing that he has taken bribe and search of the appellant-convict was made. He has stated about the post trap formalities like the preparation of the general currency note memorandum. He has proved the documents over which his signature was appearing. From the left side pant pocket of the appellant-convict, four currency notes of 100/- denomination each was recovered. The numbers of the notes tallied with the numbers of the currency notes mentioned in the G.C. note memorandum prepared during the pre-trap preparations. He also stated about the fingers of the appellant-convict being washed with sodium carbonate solution and upon washing the fingers, the colour of the solution turned pink. The currency notes recovered and pant of the appellant-convict were seized after preparing the seizure list. In para-62 of his cr