- (1.)The Appellant stands convicted and sentenced by the learned Special Judge, Una in corruption case No. 4 of 1991, vide judgment dated 7-9-1993, as under:
(i) Rigorous imprisonment for one year and fine of Rs. 2,000/-, for the offence under Section 7, Prevention of Corruption Act, 1988, hereinafter referred to as the Act; and

(ii) Rigorous imprisonment for one year and fine of Rs. 2,000/-, for the offence under Section 13(1)(d), read with Section 13(2) of the Act.

In default of payment of fine, the Appellant was directed to undergo rigorous imprisonment for a further period of three months on each count.

By virtue of the present appeal, the Appellant has assailed the conviction and sentence imposed upon him by the learned Special Judge.

(2.)The prosecution story, briefly, may be thus stated. In the month of August 1990, the Appellant was posted as Patwari (Settlement) at Mairi in District Una. PW 1 Banta Ram is a resident of village Mairi. He owned 4 kanals 12 marlas of land in the said village. Out of this land, he intended to sell one kanal of land to one Dhani Ram. For this purpose, he required a copy of the latest Jamabandi and five years average price of land in the area. On 9-8-1990, he, along with PW 2 Uttam Chand, went to the Appellant for obtaining the necessary copies of the revenue record. The Appellant demanded a sum of Rs. 400/-, as illegal gratification for supplying the requisite copeis. PW 1 Banta Ram offered Rs. 100/ there and then to the Appellant with a promise that the remaining amount would be paid later on, since he was not possessed of the requisite amount then. The Appellant did not agree to the offer made by PW 1 and impressed upon him that the copies would be supplied only on payment of the entire amount. PW 1 Banta Ram accordingly returned telling the Appellant that he would come again with the money. From Mairi PW 1 Banta Ram accompanied by PW 2 Uttam Chand came straight to Una and lodged the necessary report with the Anti-Corruption Unit, on the basis of which a case came to be registered under Section 7 of the Act, vide FIR No. 3 of 1990 (EX. PA).
(3.)After the registration of the case, PW 1 Banta Ram on the asking of PW 8, Inspector Chain Singh of Anti-Corruption Unit, Una, produced four hundred rupees notes. Such notes were treated with Phenolphthalein powder. Their numbers were noted down and handed back to PW 1 Banta Ram, who put them in the front pocket of his shirt. PW 1 was directed not to touch the notes or to shake hand with anyone. He was further instructed to hand over such treated notes to the Appellant only on demand and not otherwise. A demonstration regarding the reaction of Phenolphathalein powder and Sodium Carbonate powder was given to the members of the raiding party in the presence of PW 1 and PW 2. Both the powders were diluted in clean water. There was no change in the colour. However, when the two solutions were mixed together, the colour of such mixed solution turned pink. A memo, Ex. PB, regarding such demonstration was prepared. The hands of all the members of the raiding party including PW 1 and PW 2 were got washed with clean water. PW 2 Uttam Chand was asked to accompany PW 1 Banta Ram and to act as a shadow witness. He was further directed to hear the coversation between the Appellant and PW 1 arid to watch the events and to give the signal to the police party by moving his hand on his face and head after the treated currency notes were handed over by PW 1 Banta Ram to the Appellant.