Siddiqui, J. -- 1. This appeal has been preferred by the appellant against the judgment dated 10.10.1998 of Special Judge, in Special Case No.67/ 94 whereby the appellant has been convicted for alleged offence punishable under section 7(1) and section 13(1)(a)(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and sentenced to RI for one year and fine of Rs. 1,000/-, in default of payment of fine, further undergo RI for four months and RI for two years and fine of Rs.2,000/-, in default of payment of fine further undergo RI for six months respectively.

2. In short, the admitted facts of the case. are that appellant Dwanka Prasad Mishra was a Lower Division Clerk and complainant Ram Milan Sharma (PW3), was Peon, both were posted in the office of Lower Sihaval Canal Division, Churhat District Sidhi. The appellant was also assigned additional charge to look after, preparation and passing of medical bills of department. Complainant presented a medical bill ofRs.389.60 p. which was pending with the appellant-accused for its preparation and passing. Previously also this medical bill was handed over to complainant with some objection and after removal of the objection he again submitted the bill for passing and reimbursement. The bill was to be passed by the then Executive Engineer of the department but necessary preparation and formalities were to be completed byt he appellant-accused. Tainted notes were recovered vide EX.P-4 from the accused and his pant was also seized vide EX.P-5. Medical bill of complainant and Rs.1,250/- were also seized from the house of accused-appellant.

3. In short, the prosecution case are that demand of Rs.50/- was made by accused from the complainant to prepare the Medical bill. The complainant was not willing to give bribe hence he gave an application EX.P-l in writing on 3.6.1987 and requested to do needful to Deputy Superintendent of Special Police Establishment Lok Ayukta Office, Rewa (in short 'police'), who entertained the application and called shri Vijay Singh Parihar (PW6) Investigation Officer and Panch witness R.K. Shrivastava (PW1). They were introduced with complainant, who had given written complaint Ex.P-1. They enquired from complainant and when they satisfied then the raid was organized.

4. Complainant handed over two notes of Rs.20/- and one note of Rs.l0/- in denomination of Rs.50/- and numbers of the notes were noted down on a paper and phenolphthalein powder was applied on the notes by Constable Omkar Prasad Mishra (PW5) and after taking his search that except the tainted money no other amount was there. These tainted money were kept in the pocket of the shirt of complainant. He was strictly warned not to touch notes, before giving the same to the accused-appellant, for which panchnama EX.P-2 was prepared then he was also asked to give the signal to trap party by scratching his head with his left hand. Hands of constable Omkar Prasad Mishra (PW5) were washed with solution of sodium carbonate which turned pink, the liquid was seized. Another sodium carbonate solution was prepared hands of complainant and other members of trap party were washed with it but colour of sodium carbonates solution did not change and it remained white, it was also seized.

5. Trap party started from Rewa to Churhut at about 11 :00 a.m. in Official vehicle with complainant including Investigating Officer Shri Vijay Singh Parihar (PW6), Shri K.L. Mishra. Deputy S.P., Inspector R.R. Mishra witnesses R.K. Shrivastava and other member Sadhu Lal, they reached Churhut at 1:00 p.m. At Churhat near garden behind Higher Secondary School Jeep was stopped. Complainant Ram Milan (PW3) and constable Sadhulal were sent. Both went inside the office of appellant-accused. After sometime they came with appellant-accused out of the office and they took tea in a hotel of Brahaspati Yadav. Meanwhile they were coming back. in the way complainant gave tainted amount to appellant-accused who kept