The burden of proof in a corruption case lies with the prosecution, and if the accused offers a reasonable and probable explanation, they are entitled to acquittal.

JUDGMENT :

1. Feeling aggrieved by the judgment of conviction and order of sentence dated 11-7-2003 convicting the appellant under section 7, 13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988 (for brevity 'the Act') and sentencing him to suffer R.I. of one year and fine Rs. 2000/-, in default, further R.I. of three months on first count and R.I. of one year and fine of Rs. 2000/-, in default, further R.I. of three months on second count with a further stipulation that both the sentences shall run concurrently, the appellant has come up in this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. In brief the case of prosecution is that at the relevant point of time, the appellant was serving on the post of Patwari, Ramjilal (hereinafter referred to as 'the complainant') on account of death of his father submitted an application for mutation in revenue record. On 11-1-1999 the Assistant Settlement Officer certified the mutation in the name of complainant. However, when complainant met to the appellant in order to endorse his name in pursuance to the order of Assistant Settlement Officer, he made demand of bribe of Rs. 7000/- and when 8 days prior to 19-2-1999 complainant again contacted the appellant, the negotiation was settled for Rs. 1000/- between them. Since the complainant did not want to give any amount of illegal gratification to the appellant and was desirous to get the appellant caught red handed, a written complaint on 19-2-1999 was submitted by him before the Superintendent of Police, Special Police Establishment, Lokayukta Gwalior. After preliminary enquiry a case was registered and a tape recorder was handed over to complainant to record the conversation of bribe between him and the appellant. The complainant was also accompanied by one constable Ravindra Singh. In between 19-2-1999 and 20-2-1999 complainant could not meet the appellant, however, on 21-2-1999 the complainant succeeded in meeting the appellant at 4.00 P.M. in Tehsil Office, Dabra where he again made a request to the appellant to endorse his name in the revenue record. At that juncture, it is said that appellant again made demand of bribe of Rs. 1000/- from the complainant and it was settled between complainant and appellant that the amount of bribe would be given on 22-2-1999 and thereafter the Rin Pustika a statutory document under section 114-A of the M. P. Land Revenue Code would be given to the complainant which was kept by the appellant 8 days prior to 19-2-1999.

3. It is the further case of prosecution that again a written complaint was submitted by the complainant in the office of Special Police Establishment and thereafter the law and the procedure prescribed under the Act and Criminal Procedure Code set in motion.

4. Two witnesses, namely, J. K. Dubey (PW-6) and Hariom Chaturvedi (PW-12) who are Assistant Teachers were made Panch witnesses and before these witnesses the complaint of the complainant was read over. Thereafter on submitting 10 currency notes having denomination of Rs. 100/-, phenolphthalein power was applied on each currency note and these treated currency notes were kept in the pocket of the Trouser of the complainant. The complainant was directed not to come in contact with these treated currency notes and he should hand over these treated currency notes to the appellant only when he (appellant) makes demand of illegal gratification. Thereafter the trap party proceeded to Tehsil Office, Dabra where the appellant was serving on the post of Patwari. It is said that on being made demand of bribe by the appellant, the complainant took out the treated currency notes and handed over the same to the appellant who after receiving, started counting them. Thereafter, the complainant gave signal to the members of the trap party as a result of which the police constables arrived and on seeing them, the appellant threw the currency notes on the floor and they were seized. The Rin Pustika was also seiz