Abdul Malik Ishak J:

[1] The Sessions Court, Johor Bahru ("trial Court") convicted the appellant for an offence under s 4(a) of the Prevention of Corruption Act 1961 ("PCA") and sentenced him to a fine of RM8,000 in default four (4) months' imprisonment and additionally a penalty of RM500 was imposed on the appellant. Aggrieved by this decision, the appellant lodged an appeal.

[2] Before the trial Court, the appellant was charged as follows:

Bahawa kamu pada 31 December 1992 jam lebih kurang 12.45 tengah hari di Bahagian Pendaftaran Kelahiran, Kematian dan Anak Angkat, Jabatan Pendaftaran Negara, Johor Bahru, Tingkat 1, Blok A, Wisma Persekutuan, Johor Bahru, dalam Daerah Johor Bahru, dalam Negeri Johor, sebagai ejen kerajaan Malaysia, iaitu Penolong Pengarah Pendaftaran di Jabatan Pendaftaran Negara, Johor Bahru secara rasuah menerima suatu suapan, iaitu wang tunai RM500 daripada Rasul bin Dahri sebagai satu dorongan untuk melakukan suatu perbuatan berhubong dengan hal ehwal prinsipal kamu iaitu untuk memproses permohonan pendaftaran lewat kelahiran anak kepada Rasul iaitu Samirah bte Rasul supaya di pertimbangkan untuk kelulusan Pendaftaran Besar Jabatan Pendaftaran Negara, Petaling Jaya dan dengan itu kamu telah melakukan satu kesalahan dan boleh di dakwa di bawah s 4 (a) Akta Pencegah Rasuah 1961 (Undang-Undang Malaysia Akta 57).

[3] Within a broad perspective, the facts are as follows. Rasul's (the complainant) second wife gave birth to a baby girl by the name of Samirah on 5 June 1991. Rasul took time to report the birth of his daughter and when he decided to do so at the Johor Bahru Central Police Station he was advised to proceed to Pejabat Pendaftaran, Johor Bahru for that purpose. At the Pejabat Pendaftaran, Rasul was attended to at the counter by Halimah bte Jumaat (SP 5) ("Halimah") who gave him a form to fill. After Rasul completed filling the form and obtained the necessary signatures he went to see Halimah and handed her that form (P3). In due course, Halimah handed the form (P3) to the appellant who was supposed to fix the date for an interview. The first interview was scheduled on 24 November 1992 but Rasul failed to turn up and the second interview was then fixed on 29 December 1992. At this second interview, the appellant interviewed Rasul and his second wife by the name of Hasnah bt Mohd Said ("Hasnah") together with two nurses (Mariam binti Abdul Kadri (SP3) and Juriah bte Yahya (SP4). The first to be interviewed was Rasul's wife and this was followed by Rasul himself. For the purpose of this appeal, I need only narrate briefly what transpired at that interview between Rasul and the appellant.

[4] Rasul testified that at that interview the appellant scolded him for coming late. The appellant then told Rasul that there was a possibility that his daughter might not be issued with the birth certificate or if issued there would be a delay of three (3) to four (4) years. Rasul then pleaded with the appellant to expedite his application as he wanted to bring his daughter to Singapore. The appellant was then heard to have said that he could not help unless Rasul helped himself. The appellant then said that Singaporeans would be charged RM5,000 but because Rasul was a Malay he only had to pay RM2,000. Rasul again pleaded with the appellant and after much hassles the appellant relented and agreed to accept RM700 and requested Rasul to bring the money the next day.

[5] There was evidence that Rasul is a Singaporean.

[6] Immediately after that nasty encounter with the appellant, Rasul telephoned the Badan Pencegah Rasuah, Johor Bahru ("BPR") at about 3.15 pm. and he was told to proceed to the BPR's office. Rasul went to the BPR's office and met Alias bin Salleh (SP8) ("Alias") and there he narrated the incident that took place at the appellant's office. As it was getting late and as the next day was a public holiday, Rasul was requested to come again on 31 December 1992.

[7] Thus, on 31 December 1992 when Rasul turne