JUDGMENTBY: YUSOFF MOHAMED J

This is an appeal against the decision of Stipendiary Magistrate at Sibu, upon his acquittal of the accused charged under section 4(b) of the Prevention of Corruption Act, 1961.

The facts are these:

Acting under the direction of his OCCI, one Inspector Michael Lee (PW1) carried out an investigation on an allegation of corruption against a senior police officer. In carrying out this duty PW1 was supervised by a Divisional Superintendent of Police (PW2). The investigation involved the accused who was suspected of running an illegal four-digits lottery although he had a licence to sell legal lottery tickets as well.

In the course of investigation PW1 met the accused four times beginning from June 17, 1976 in order to record his statement. On 18th of June while recording the accuseds statement at his (accuseds) house PW1 said that the accused offered to pay him $ 2000.00 a month for a period of one year, which he refused. On returning to the police station he reported the incident to PW2. On June 19, when continuing to record the accuseds statement at the same place, the accused again asked him whether he would accept the offer. PW1 said that he again