JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal appeal has been filed against the judgment of conviction dated 20.02.2020 and order of sentence dated 29.02.2020 passed by learned Special Judge Vigilance (A.C.B.) Hazaribag in Special Vigilance Case No. 15 of 2017 by which the learned court below has held the appellant guilty for having committed the offences punishable under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 and he was sentenced to undergo rigorous imprisonment for four years with fine of Rs. 6,000/- under Section 7 of the Prevention of Corruption Act, 1988 and in default of payment of fine, to undergo simple imprisonment for six months and he was further sentenced to undergo rigorous imprisonment of six years under Section 13 (2) of the Prevention of Corruption Act, 1988 with fine of Rs. 10,000/- and in default of payment of fine, to undergo simple imprisonment of twelve months and it was directed that both the sentences shall run concurrently.

3. The case of the prosecution in brief is that the complainant submitted a written complaint to the Superintendent of Police, Anti-Corruption Bureau, Hazaribag alleging therein that the appellant-convict who was a Panchayat Sevak; demanded Rs. 6,000/- as illegal gratification for making the final payment of the complainant in respect of constructing a culvert. As the complainant was not intending to pay the illegal gratification hence he reported the matter to the said Superintendent of Police. Sri Ram Paswan-Inspector of Police (PW-3) posted in the Anti- Corruption Bureau, Hazaribag was deputed for verification of the complaint. The PW-3 accompanied the complainant to the panchayat Bhawan at Jangi and heard the appellant-convict demanding Rs. 6000/- from the complainant for making the payment of the complainant relating to the work of construction of the culvert but later on the appellant-convict scaled down the demand of illegal gratification amount to Rs. 5000/- and it was agreed to between the appellant-convict and the complainant that the complainant will make the said payment of Rs. 5000/- on 30.12.2016. After verification of the complaint, the PW-3 submitted his report confirming the demand of illegal gratification by the appellant-convict as alleged in the written complaint submitted by the complainant. On the basis of the report submitted by PW-3, the FIR of this case was registered. Investigation of the case was entrusted to Laxman Singh (PW-8). A trap was successfully conducted on 30.12.2016. The appellant-convict was caught red-handed while accepting the bribe amount of Rs. 5000/-. After completion of investigation, charge-sheet for the offences punishable under Section 7 as well as 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 was submitted against the appellant-convict. Separate charges for the offences punishable under Section 7 and 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 were framed against the appellant-convict to which he pleaded not guilty and thus was put to trial.

4. In support of its case, the prosecution altogether examined 8 witnesses and 3 witnesses were examined by the defence. Besides the oral testimonies, various documents were proved by the prosecution and the defence; which were marked exhibits.

5. Out of the witnesses examined by the prosecution, PW-1 Indu Bhusan Ojha was a member of the raiding team. He has stated about the constitution of the raiding team. He further stated about the pre-trap preparations in detail. He then stated that on 30.4.2016 at 9.45 AM the members of the trap team arrived at Simaria square. The complainant talked with the appellant-convict over phone. The appellant-convict told that he will come near the 8 miles of Simaria-Chatra Road. At 10.30 a.m. the members of the trap team reached the passenger shed on Simaria-Chatra Road. At about 11.00 AM the appellant-convict came from Chatra side on his motorcycle and sto