JUDGMENT

1. The appellant has filed this appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) being aggrieved by the judgment dated 26.2.1999 passed by the learned First Additional Sessions & Special Judge (under Prevention of Corruption Act, 1988) Indore, District Indore (MP) in Special Sessions Trial No.06/1997, whereby he has been convicted for charges of corruption punishable under section 7 and section 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and sentenced to undergo one-year rigorous imprisonment and fine of Rs.500/- in each section along with default stipulation. The prosecution story in nutshell is, as under :--

2. Complainant-Bondar S/o GhasiramMandloi (PW-2) made a written complaint on 21.8.1997 to the Superintendent of Police, Special Police Establishment, Lok Ayukta, Indore that he is the owner of agriculture land bearing Survey Nos.522 and 523, Patwari Halka No.35, Village Pedami, Post Kampel, Tahsil & District Indore (MP); and he is cultivating the said land since last so many years. In the said land, there is no Public Road, but Chandra Shekhar Hardoniya, Patwari has illegally built a road, which was earlier between Survey No.523 and 524. He met the Patwari to make a request for the opening of the road from Survey No.523 and 524 of Patwari Halka No.35, Village Pedami, Post Kampel, Tehsil & District Indore, for which he demanded a sum of Rs.1,000/- (rupees one thousand) as „bribe? to be paid on 22.8.1997 between 10:30 am to 11:00 am in his residence i.e. Bank Colony, Indore. The complainant does not want to give a „bribe? but wants to catch the Patwari redhanded, hence he made a complaint to Superintendent of Police Lokayukta.

3. The Superintendent of Police, SPE, Lokayukta, Indore handed over the complaint to Inspector, Shri Satyendra Kumar Shrivastava (PW-6) for an investigation into the matter. Shri Shrivastava registered a Dehati Nalishi Ex.P/27 on the basis of the complaint Ex.P/1. He directed the complainant to arrange currency notes of Rs.1,000/- (rupees one thousand) and to bring them at 7.30 am on 22.08.1997. Shri Shrivastava (PW-6) called Panch Witnesses Jag Mohan Sharma S/o Shri Dhul Singh Sharma (PW-1) and Madan Gopal Tripathi S/o Harish Chandra Tripathi and they were introduced to the complainant. Panch Witness Jag Mohan Sharma read out the contents of the complaint Ex.P/1 to Bondar, which he admitted. Thereafter, Bondar handed over ten notes of Rs.100/- (rupees one hundred) denomination, in total Rs.1,000/- (rupees one thousand) to PW-6. who recorded the numbers of currency notes and applied Phenolphthalein Powder in it to be given to the appellant by way of the trap. The complainant was explained the procedure for handing over the bribe to the appellant and thereafter giving a signal to the members of the trap team. Hewas specifically instructed not to shake a hand with the appellant before and after handing over tainted money. Thereafter, the entire Team with the complainant and his son and grandson reached the Bank Colony, Indore. The complainant Bondar Mandloi along with his son Mahesh and grandson Anoop Singh Songara (PW-4) entered the room of the appellant at 12:00 Noon. After 12:30 pm, complainant Bondar and his grandson came out and gave a signal to the Members of the Trap Team about handing over the bribe to the appellant. Thereafter, all the Members of the Team entered the room, gave their introduction to the appellant, and got washed his hands, which turned pink, and it was kept in a sealed cover. The tainted money was found in the open almirah in the room of the appellant.

4. After completing the necessary procedure and recovery of currency notes, further investigation was completed, and the charge sheet was filed. The Revenue Records pertaining to the land of the complainant were recovered, marked as Ex.P/24 to Ex.P/26. Service records and other relevant documents r