( 1 ) THE appellant/accused being aggrieved by the judgment dated 29-7-97 passed in Special Case No. 5/89 by the learned 5th Addl. Sessions Judge/special Judge (C. B. I.), Jabalpur, convicting the appellant under Section 7 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo R. I. for 2 years under each count and pay fine of Rs. 2,500/- under each count, in default of payment of fine to undergo R. I. for 6 months under each count, has filed this appeal.

( 2 ) THE prosecution case in brief is that the accused/appellant Ram Swaroop Rathore who was posted as Chargeman Grade-I in the Vehicle Factory, Jabalpur, with the help and assistance of Vijay Kumar Tiwari made a demand from C. Bhatacharya an engineer of M/s. Adwani Orelicon Limited.

( 3 ) THE accused Ram Swaroop was working as Chargeman Grade-I in the W. I. section of Vehicle Factory, Jabalpur. Another accused Vijay Kumar Tiwari (since acquitted) was posted in Examiner section (skilled) and A. M. Section. On 2nd June 1989 the accused V. K. Tiwari went to M/s. Yogesh Trading Company who was dealer of M/s. Adwani Orelicon Ltd. and gave a visiting card a