JUDGMENT :

Subhash Chand, J.

1. Heard learned counsel for the appellant and learned A.S.G.I for the respondent—C.B.I.

2. The instant criminal appeal is preferred on behalf of the appellant against impugned Judgment of Conviction and Order of Sentence dated 24th March, 2011 passed by the learned Additional Sessions Judge-I-cum-Special Judge, CBI, Dhanbad in R.C. Case No.5A/90D, whereby the appellant has been convicted for the offence under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The appellant has been sentenced to undergo rigorous imprisonment for two years along with fine of Rs.5,000/- for the offence under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 each and in default of payment of fine he was further directed to undergo rigorous imprisonment for six months. Both the sentences were directed to run concurrently.

3. The brief facts leading to this criminal appeal are that a complaint was lodged by the complainant Rajeshwar Mistry with these allegations that Ram Kumar Singh, Cashier, Balihari Colliery, BCCL had made a demand of Rs.400/- as illegal gratification from the complainant for releasing his pay for t