JUDGMENT

B.K. PATEL, J. — This appeal is directed against the judgment and order dated 09.05.1987 passed in T.R. No.21 of 1987 by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Sections 5(1)(d)/ 5(2) of the Prevention of Corruption Act, 1947 (for short the ‘P.C. Act’) as well as Sec¬tion 161 of the Indian Penal Code (for short the ‘I.P.C.’) and sentencing him to undergo R.I. for six months and to pay a fine of Rs.1000/-, in default to undergo R.I. for one month, under Section 5(2) of the P.C. Act and R.I. for three months and to pay a fine of Rs.500/-, in default to undergo R.I. for 15 days, under Section 161 of the I.P.C.

2. Prosecution case, in nut-shell, is as follows :

P.W.1, the informant-decoy had earlier executed work con¬tract of Nuagada-Maliguda road under Nandahandi Block as contrac¬tor at the estimated cost of Rs.10,000/-. When the appellant was paid for the work on 09.01.1985 towards his final bill, he had to pay 5% of the total amount, i.e. Rs.500/-, as bribe to the appel¬lant on his demand.

Thereafter, P.W.1 executed the work contract of Bada Daiva¬ta-Nuagada Road at the estimated cost of Rs.5000/-. On completion of the work when he ap