Mr. M. Jeyapaul, J.:- The appellants who are the father and son have challenged the conviction and sentence recorded by the trial Court vide which appellant Yudhishter was sentenced to undergo rigorous imprisonment for 2 years and 6 months and to pay a fine of Rs.2000/- and in default, to undergo a further period of 6 months rigorous imprisonment under Section 7 of Prevention of Corruption Act, 1988 and 2nd accused Kamal was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.2000/- and in default, to undergo a further period of 6 months rigorous imprisonment under Section 120-B IPC.

2. Appellant Yudhister has died. As the conviction, if maintained, would have an adverse impact on the entitlement to receive terminal benefits by the legal representatives of Yudhishter who was in service, the legal representatives have come on record to prosecute the appeal preferred by Yudhishter.

3. It is the case of the prosecution that on 7.2.2001, accused Yudhishter who was working as Clerk in the office of Dakshin Haryana Bijli Vitran Nigam Limited (for short ‘DHBVNL’), Badshahpur accepted an illegal gratification of Rs.500/- for clearing the file for extension of electric load of the tubewell of Nain Singh Tyagi and thereby committed an offence punishable under Section 7 of the Prevention of Corruption Act, 1988. It is the case of the prosecution that 2nd accused Kamal conspired with his father Yudhishter and did some act in pursuance thereof and received the bribe amount entrusted by his father and thereby, he committed an offence under Section 120-B IPC.

4. PW7 Nain Singh Tyagi who was the complainant has deposed that he was in need of more horsepower to run his electric motor in the pump set. Accused Yudhishter was posted as a Clerk in the office of DHBVNL, Badshahpur. Mr.D.S.Hooda, Junior Engineer Assistant attached to the said office received the application and directed him to go to accused Yudhishter after making necessary note on the application. PW7 met accused Yudhishter who refused to accept the application. He demanded a sum of Rs.500/- for pursuing the application. The accused called him several times, but he did not do the needful. On 7.2.2001, accused Yudhishter called him with an assurance that he would recommend for the increase of the load. PW7 did not want to give bribe to accused Yudhishter who did not like to clear the file without accepting a sum of Rs.500/- as bribe. He proceeded to the office of Deputy Superintendent of Police, State Vigilance Bureau, Gurgaon alongwith his acquaintance PW9 Roshan Lal and moved an application Ex.PF.

5. PW8 DSP Murari Lal Vats sent ruqa for registration of the case. PW6 V.K.Sharma, an official witness and PW10 SI Umesh Chander were associated for the purpose of raid headed by PW8. Phenolphthalein powder test was demonstrated before the witnesses. PW7 accompanied by PW9 Roshan Lal and PW10 SI Umesh Chander proceeded to the office of accused Yudhishter. PW7 handed over five tainted currency notes Ex.P1 to P5 of Rs.500/- each at the denomination of Rs.100/- to accused Yudhishter who passed on the same to his son accused Kamal. On receipt of a signal from PW10 SI Umesh Chander, PW8 Roshal Lal alongwith the police party entered into the office of the accused Yudhishter. The tainted currency notes were recovered from the pocket of accused Kamal. Sodium Carbonate solution was prepared. The hands of accused Yudhishter and Kamal were dipped therein upon which the water turned pink in colour. All the material objects were properly parceled and sealed.

6. Accused Yudhishter and Kamal have set up a plea in their statements under Section 313 Cr.P.C. that the police took them forcibly and registered a false case.

7. The trial Court adverting to the evidence on record, convicted and sentenced the accused as stated supra.

8. Learned counsel appearing for the appellants referring to the evidence of PW6 to PW10 would submit that a false case was booked as against t