V. GOPALASWAMY, J.

( 1 ) THIS appeal is preferred against the judgment dated 18-6-1983 of the Special Judge (Vigilance), Sambalpur, convicting the accused-appellant under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act and sentencing him thereunder to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a further period of three months and further convicting him under Section 161, I. P. C. as well without imposing any separate sentence thereunder.

( 2 ) THE prosecution case, briefly stated, is as follows : the appellant was serving as the Inspector of Police, Plant Site Police Station, Rourkela, from 19-2- 1979. P. W. 9 Md. Munna was doing iron scrap business since about 10 to 12 years prior to the date of occurrence and the licence of the business stood in the name of his nephew Md. Sabaj. On 3-3-1979 the appellant with his police staff raided the business premises of P. W. 9, seized scrap materials from the premises, arrested P. W. 9 and forwarded him to Court. On 5-3-1979 P. W. 9 was released on bail. On 13-3-1979 the appellant called P. W. 9 to the police station through a constable and P. W. 9 met the appellant at the police station between 4 p. m. and 5 p. m. when the appellant demanded a bribe of Rs. 1,000/- from him to submit a final report in the case. After some bargain between the parties, P. W. 9 agreed to pay a sum of Rs. 500/ -to the appellant within a week's time at his quarters. On 20-3- 1979 P. W. 9 paid the appellant a sum of Rs. 200/- at his quarters and promised to pay him the balance sum of Rs. 300/ - within 2 or 3 days. On 21-3-1979 as P. W. 9 was about to transport scrap iron in a truck to Raipur, S. I. Sri Pradhan of Plant Sita Police Station detained the truck and took it to the police station. On coming to know about it P. W. 9 went to the police station and on seeing him the appellant directed his staff to put him in the lock-up. After some time, the appellant called P. W. 9 to his room and demanded a bribe of Rs. 1,000/ -from him threatening him that in case he did not pay the bribe of Rs. 1,000/- he would not only arrest him but also seize the truck with the goods. P. W. 9 went home and brought Rs. 1,000/- and paid it to the appellant whereupon he released the truck and the goods. At that time the appellant reminded him about the balance sum of Rs. 300/- which he had promised to pay on 20-3-1979 and then P. W. 9 told him that he would pay the amount within 2 to 3 days and then the accused threatened him that in case he did not pay the amount of Rs. 300/-, as promised, he would submit a charge-sheet against him in the earlier case. P. W. 9 returned home and decided to report against the appellant to the Vigilance Police to avoid future harassment from the appellant. On 22-3-1979 P. W. 9 went to the Vigilance Office, Rourkela and met P. W. 10 Banamali Das, Inspector of Police, Vigilance, Rourkela, and made an oral report against the appellant which was reduced into writing by P. W. 10 and the same was subsequently treated as the F. I. R. in the case (Ext. 14 ). As the said report was sent to the Superintendent of Police, Vigilance, Sambalpur, he directed the registration of a case and further directed P. W. 10 to lay a trap for catching the appellant red-handed. On 23-3-1979 D. S. P. , Vigilance (P. W. 4), S. J. K. C. Jena (P. W. 7), P. W. 10, the Executive Magistrate (P. W. 5), P. W. 9, the complainant, and one Banamali Ray and the Supply Supervisor Pitabas Misra assembled at the Vigilance Squad Office at Rourkela. After making the necessary preparations for laying the trap, all the above named persons who assembled there, except P. W. 7, proceeded to the Plant Site Police Station for laying the trap at about 8 p. m. Though the members of the trap party waited till 9 p. m. , as the appellant was not available at the police station, they could not lay the trap and so after taking a decision that the