JUDGMENT

1. The present appeal is directed against judgment dated 18.02.2017 passed by the learned Special Judge, Anti- Corruption, Jammu (hereinafter referred to as the “trial court”), whereby the appellant has been convicted for offences under Section 5(1)(d) read with Section 5(2) of the Jammu & Kashmir Prevention of Corruption Act (hereinafter referred to as the “P.C. Act”) and Section 161 RPC. By the impugned judgment, the appellant has been sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 10,000/- in respect of each of the offences. In default of payment of fine, the appellant has been sentenced to undergo further imprisonment for a period of three months for each offence. Both the sentences have been directed to run concurrently.

2. As per the prosecution case, on 14.06.2010, the complainant, PW Parmanand, lodged a written complaint before the Vigilance Organization, Jammu, alleging therein that he had applied for and obtained sanction of loan for an amount of Rs. 1.00 lakh from Jammu Rural Bank (J&K Grameen Bank), Pargwal, and had received the first instalment to the tune of Rs. 35,000/-. It was further alleged that, for release of the second instalment of Rs. 65,000/-, the appellant-accused, who was posted at the relevant time as Manager of Jammu Rural Bank, Pargwal, demanded Rs. 7,000/- as illegal gratification from him. It was further stated in the complaint that, after persuasion, the appellant agreed to release the loan instalment if an amount of Rs.5,000/- was paid to him as illegal gratification and that, in this regard, the appellant approached the complainant thrice at his shop. It was further stated that the complainant had arranged an amount of Rs. 5,000/- to be paid to the appellant-accused. He further stated in his complaint that, on 14.06.2010, the appellant-Manager would come to his shop to collect the bribe money. The complainant sought action against the appellant-accused.

3. On the basis of the aforesaid complaint, FIR No. 17/2010 for offences punishable under Section 5(1)(d) read with Section 5(2) of the P.C. Act and Section 161 RPC came to be registered at Police Station, Vigilance Organization, Jammu, and investigation of the case was conducted. The trap team comprising officers/officials of the Vigilance Organization, Jammu, was constituted for laying a trap against the appellant-accused. The services of two independent witnesses, namely, PW-4 Sanjeev Gupta, Assistant Engineer, PWD R&B Division-II, Jammu, and PW-5 Madan Singh, Assistant Engineer, PWD R&B Division-II, Jammu, were also requisitioned, and they were associated with the trap proceedings. The complainant is stated to have produced Rs. 5,000/-, comprising six currency notes of Rs. 500/- denomination each and 20 currency notes of Rs. 100/-denomination each, before the members of the trap team.

4. After conducting the pre-trap demonstration, the complainant, along with other members of the trap team, proceeded to Main Bazaar, Pargwal. On reaching there, the complainant opened his shop, whereas PW Madan Singh, the shadow witness, kept on watching from a nearby shoe shop. The other members of the trap team took their respective positions in the vicinity of the complainant’s shop. At about 1605 hours, the appellant reached the shop of the complainant, who offered him a cold drink. After taking the cold drink, the appellant sat in front of the counter of the shop and demanded bribe money from the complainant, who handed over the bribe amount of Rs. 5,000/- to the appellant, whereafter the shadow witness gave the pre-fixed signal to the members of the trap team, who gathered outside shop of the complainant.

5. The trap laying officer, PW H.K. Nazar, introduced himself to the appellant, who tried to throw away the accepted bribe money from the right back pocket of the pant worn by him. However, he was caught hold of by the members of the trap team by his wrists. The local police was als