Sushma Shrivastava, J.

1. Appellant has preferred this appeal against the judgment dated 27.1.06 passed by Special Judge, Bhopal in Special Case No. 16/04 convicting him under Section 7 of Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for six months with fine of Rs. 2,000/-, in default further rigorous imprisonment for one month.

2. As per prosecution case, at the relevant time appellant Hareram Kaurav was posted as Station Officer, Police Station Berasiya, District Bhopal, while co-accused Chhatrapal Singh was posted as Head Constable. It is alleged that on 26.5.03 about 8 O'clock at night, when complainant Bhairolal went to Police Station Berasiya alongwith his younger brother Hariom to lodge a report against one Harprasad Sahu and others for assaulting his younger brother and beating his she-buffalo for entering his field, Station Officer Hareram Kaurav asked for a sum of rupees five thousand for writing the report and for shielding Hariom against the report lodged against him and his father at the Police Station and directed the complainant to meet Head Constable Chhatrapal Singh. When complainant Bhairolal expressed his inability to pay such a huge amount, Head Constable Chhatrapal Singh, after consulting the appellant, informed him that Station House Officer Hareram Kaurav was not agreeing to take less amount than two thousand rupees. Then complainant Bhairolal paid one thousand rupees to Head Constable Chhatrapal Singh and undertook to pay the remaining amount later on, but he was not willing to pay rest of the amount of rupees one thousand, so he lodged a written report with Superintendent of Police Lokayukt, Bhopal against the appellant for apprehending him red handed taking the bribe of rupees one thousand from him.

3. The written report dated 2.6.03 submitted by complainant Bhairolal to Superintendent of Police Lokayukt, Bhopal was forwarded to D.S.P. Shankarlal Dharse for necessary action. Thereupon D.S.P. Shankarlal Dharse gave a micro tape-recorder and a cassette to complainant Bhairolal with a direction to record the conversation of demand of bribe. The tape-recorder alongwith cassette and another written application was handed over back in the office of Lokayukt Police by complainant Bhairolal on 4.6.03, which was marked to Inspector Chand Singh Bamaniya of Lokayukt Police, who played the cassette in presence of complainant Bhairolal and two witnesses, namely, Chandrashekhar Viadya and Radheyshyam Mishra and prepared the transcript of the tape-recorded conversation between appellant Hareram Kaurav and complainant Bhairolal and also effected the seizure thereof. Inspector Chand Singh Bamaniya thereafter recorded the FIR and called two official witnesses for arranging trap against the appellant and co-accused Chhatrapal Singh. It is said that after verification of the facts mentioned in the written complaints dated 2.6.03 and 4.6.03 of the complainant by the two official witnesses, a pre-trap panchnama was prepared and phenolphthalein powder was applied to the currency notes of one thousand rupees produced by complainant Bhairolal for being given as bribe to the appellant and same were kept in the pocket of the complainant with necessary directions for tape-recording the conversation between him and the appellant at the time of giving the bribe.

4. The other formalities required for trap proceedings were also completed and the trap party proceeded to Police Station Berasiya, but the trap could not be successful due to non availability of Station Officer Hareram Kaurav at the Police Station because of his being busy with some investigation in murder case and having gone to Bhopal. However, after due investigation and obtaining sanction for prosecution, appellant Hareram Kaurav, the Station House Officer and Head Constable Chhatrapal Singh were prosecuted under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (for brevity the 'Act') an