K.J.THAKER, J. - (1.)THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.5.1997 passed by the learned Special Judge, Court No. 4, Ahmedabad in Special Case No. 11 of 1991, whereby, the learned Judge has convicted the appellants under sec. 7 of the Prevention of Corruption Act and sentenced to undergo R/I for one year and to pay a fine of Rs. 500/ -, in default, to undergo further R/I for three months. The appellant is further convicted under sec. 13(1)(d) read with section 13(2) of the Prevention of Corruption Act and sentenced to undergo R/I for one year and to pay a fine of Rs. 500/ -, in default, to undergo R/I for three months, which is impugned in these appeal.
(2.)THE brief facts of the prosecution case is as under:
2.1 It is the case of the prosecution that on 5.6.89 the complainant Ibrahim Ismail Ghanchi and other 9 persons were sent to Divisional Medical Officer, Western Railway, Baroda for getting the medical fitness certificate and at that time the appellant -accused told the complainant that regarding his leave (including E.L.) necessary required entries are to be posted in the service book and that it is alleged that the appellant told to Shri Ghanchi that Shri Ghanchi may collect Rs. 20/ - from the 9 other Gangmen and thereby the accused had demanded Rs. 200/ - as and by way of illegal bribe. It is further stated that on 23rd or 24th March, 1990, the complainant met the accused at his office and informed that no entries have been carried forward in the service book and therefore, the complainant is alleged to have made the other persons agreed to pay collectively Rs. 200/ - as and by way of bribe. It is also further alleged that on 25th of April, 1990, the complainant at around 2.30p.m. had given complaint to the Police Inspector, ACB for arranging a trap. Thereupon, the said department had arranged for two independent panch witnesses. The complaint was read over to the panch witnesses after their arrival. Thereafter they went to the office of appellants for trap. On 25th April, 1990, the appellant is said to have demanded illegal bribe again and that the complainant paid Rs. 200/ - and thereby he has accepted illegal bribe and the said bribe amount was recovered by the PI, ACB, Baroda and thereby the appellant has abused his position as public servant and has accepted Rs. 200/ - as illegal bribe and thereby committed the offence under sec. 7 and 13(2) punishable under section 13(1) (d) of the Prevention of Corruption Act.

Thereafter further investigation was carried out and then charge sheet has been filed against the accused for the above said offences, which was numbered as Special Case No. 11/1991.

(3.)THE accused was charged vide at Ex. 3. The appellant accused pleaded not guilty and claimed to be tried. In order to bring home the charge levelled against the appellant - accused, the prosecution has examined the following witnesses:
1. Ibrahim Ismail Ghanchi Ex. 18

2. Bhikhubhai Mohanbhai Koli Ex. 29

3. Jayantilal Mangaldas Ex. 39

4. Kanabhai Manabhai Parmar Ex. 41

5. Harishankar Jangi Gupta Ex. 47

6. Surendra Thavardas Gorstani Ex. 50