( 1 ) THE appellant (now deceased) was placed on trial before the Special Judge for the District of Bhavnagar at Bhavnagar to answer the charge of the offence punishable under Sec. 161 of the Indian Penal Code and Sec. 5 (1) (d) of the Prevention of Corruption Act. 1947 in Special Case No. 1 of 1984 on the file of the Court. The trial ended in conviction and the deceased appellant came to be sentenced to three months simple imprisonment and fine of Rs. 500. 00, in default, simple imprisonment for one moth more. The case of the prosecution in short is as under.

( 2 ) DAHYABHAI, Bhutabhai is serving as Keyman in Railways. He resides at Nari in Bhavnagar District. Damji aged about 18 years and Ramesh aged about 17 years are his sons. Both the sons go to the factories for labour work. and during leisure hours they also take their cattle to the grazing ground for the purpose of grazing. The deceased-appellant was serving as Mounted Armed Police Constable. His duty was to move around the area allotted to him along with his fellow brother and have close surveillance over the theft or other crimes being committed or likelihood thereof and not the criminals. Few days before the incident the deceased appellant told Damji that his cattle were entering into the fields of others and causing damage to the crop. It was also told to him that he was committing theft and therefore, he would see that he was put behind the bars. but he would be let off if he was paid Rs. 1000. 00. Damji went home and informed Dahyabhai Bhutabhai. his father about the threat given to him by deceased appellant. He was pacified. Thereafter, on 12/09/1983 after 5-00 p. m. . the deceased-appellant met Dahyabhai bhutabhai and demanded Rs. l. 000. 00 the amount of illegal gratification saying that if the payment was not made he would see that his son was sent behind the bars involving in any case. Dahyabhai Bhutabhai supplicated and urged not to talk through his hat and be reckless as his son was not engaged in criminal activities. However, the appellant paid heed and insisted for Rs. l. 000. 00 failing which it was made clear that his son would be sent behind the bars. Dahyabhai Bhutabhai was having no option. He made it clear that because of the financial stringencies it was not possible for him to manage for Rs. l. 000. 00. but the deceased-appellant persisted for the same. Hence Dahyabhai Bhutabhai in order to save his son Damji feeling helpless agreed to pay the amount of Rs. 1,000. 00. but by two equal instalments each of Rs. 500. 00. On the next day the payment was to be made. The place was then fixed. It was a place in G. I. D. C. area where there is a tree near the milestone of 161 Kms. , near the railway track. At 5-00 p. m. , Dahyabhai Bhutabhai had to go there and make the payment of Rs. 500. 00 the sum of first instalment. After the deceased appellant went away. during night time Dahyabhai Bhutabhai cogitated and decided to lodge a complaint. On the next day, i. e. , on 13-9-1. 983 in the morning at 11-00 a. m. he went to the office of A. C. B. at Bhavnagar. Mr. Janakrai Mahashankar vyas was serving as P. S. I, in A. C. B. office. Dahyabhai Bhutabhai apprised him about coercive measures adopted by the appellant-accused for the purpose of extorting illegal gratification. The complaint was then reduced into writing. The permission from the Judicial Magistrate (F. C.) was obtained, and panchas were called. Both the panchas were explained about the purpose of the mission. They were also explained what role the complainant and both the panchas were to play. The currency notes given by Dahyabhai were shown to the panchas and, thereafter, anthracene powder was applied on both the sides of currency notes and then necessary demonstration with the aid of ultra-violet lamp was carried out and both the panchas were apprised how the limbs of the person touching the notes would be found glittering with light blue fluorescent marks. In the shirt pocket put