1] Heard finally, with the consent of the parties.

2] This criminal appeal has been filed under Section 374(2) of Cr.P.C. against the judgement of conviction and sentence dated 22.08.2007, passed in Special Case No.1 of 2005 by Special Judge (Prevention of Corruption Act), Ratlam (MP) whereby, while finding the appellant guilty under Section 7 and 13(1)(d) read with Section 13 (2) of The Prevention of Corruption Act, 1988 (hereinafter referred to as „the Act of 1988‟), has convicted and sentenced the appellant as under:-

Conviction Sentence Section Imprisonment Fine In default of payment of fine 7 of Prevention of Corruption Act, 1988 1 year R.I. Rs.1,000/- 1 month R.I. 13(1)(D) read with Section 13(2) of Prevention of Corruption Act, 1988 2 years R.I. Rs.2,000/- 2 months R.I. Both the sentences to run concurrently.

3] In brief, the facts of the case are that the appellant Bharatlal, who was posted as Patwari Halka No.4, Village Panched, Tehsil and District Ratlam, caught red handed with Rs.2,000/- which he took as a bribe for issuance of Fard Batwara to the complainant.

4] According to the case of the prosecution, on 29.04.2004, the complainant Mohanlal Balsora (PW-3) informe