JUDGMENT :

Ajit Singh, J.

Heard the learned counsel for appellant and Sri Rajesh Mishra, learned AGA appearing for the State and perused the record of this case.

2. This criminal appeal has been preferred against the judgment and order dated 19.11.1981 passed by IInd Additional Sessions Judge (Special Judge), Moradabad in Sessions Trial No. 460 of 1979 convicting the appellant under Section 161 of I.P.C. and sentencing her to one month's Rigorous Imprisonment and further convicting and sentencing her under Section 5(2) of the Prevention of Corruption Act to one month's Rigorous Imprisonment (under the impugned judgment and order). Both the above sentences were directed to run concurrently.

3. The prosecution story of this case in brief is that in the month of June 1979, the accused appellant was posted as Medical Officer in District Board's Janana Hospital in Raja-Ka-Sahaspur. It is next alleged that one Lokesh Pal Singh took his mother Smt. Shanti Devi to the said hospital and presented her before the accused appellant for treatment. It has been further alleged that the said ailing woman was medically examined by the accused appellant and after examining her, the appellant made a demand of Rs.50/- as an illegal gratification for her treatment, at which Lokesh Pal Singh (son of the ailing woman) urged that there is no question of gratification in the Government hospitals as all the treatments there are available free of cost. Then, he was told that without charging money, the appellant never treated the patients. It was also told that even in big hospitals no treatment is done without charging the extra money. The complainant Lokesh Pal Singh was not having any money at that time. He showed his inability to fulfill the demand of the accused appellant and desired some time to arrange money to fulfill the illegal demand of the accused appellant and returned back.

4. It was also stated by the prosecution that the accused appellant did show her willingness to accept even Rs.40/- for doing the treatment. Thereafter, a complaint was moved by Lokesh Pal Singh against the accused appellant in writing (Ext. Ka-1) before the Deputy Superintendent of Police, Anti-Corruption Department, Moradabad and in the said complaint, it was mentioned that the accused appellant was habitual of accepting bribes from the attendants of the patients who came to her for treatment.

5. Further prosecution case is that since the complainant wanted to get the accused appellant arrested red-handed, he was required by the Dy. S.P. To meet Ram Autar Tyagi, Inspector (Anti-Corruption), who recorded the statement of the complainant on 6.6.1979. The complainant was not having the amount to be offered to the lady doctor (appellant), he promised to come back with money on 7.6.1979 and the said Inspector alongwith other officials as well as the complainant with his mother Smt. Shanti reached at 9:00 A.M. at Octroi Post, Kundarki and at that place complainant Lokesh Pal Singh produced two currency notes of Rs.20/- each which were treated with phenolphthalein powder by the driver Khem Singh and Lokesh Pal Singh was directed to pay those very notes to the lady doctor on demand. The number of the currency notes meant for being offered to the lady doctor (appellant) were noted in the Fard and the entire police party proceeded to the Janana Hospital, Raja Ka Sahaspur under PS Bilari, District - Moradabad. The jeep was parked a furlong before the Hospital. The party consisted of Inspector Ram Autar Tyagi, H.C. Km. Praveen Siddiqi and the two public witnesses and the other employees. It is further alleged that the accused was present in the room and as a matter of precaution Constable Km. Praveen Siddiqi was shown to the accused (lady doctor) for certain ailment though she was not suffering from any disease. Her name was entered by the accused in the outdoor register of the Hospital and was given some tablets and a prescription by the accused. Thereafter, it is alleged that after s