S.I.JAFRI, J. - (1.) ALE Hassan and Suraj Prasad have filed this appeal against their conviction and sentences recorded by Sri U.S. Tripathi, Special Judge Mirzapur vide his judgment and order dated 19.3.85 in Special Sessions Trial No. 2 of 1981 connected with S.T. No. 3 of 1981. By means of the aforesaid judgment and order, the appellant Ale Hassan was convicted under Section 161, I.P.C. and he was sentenced to undergo R.I. for one year and a fine of Rs. 500/-. He was further convicted under Section 5 (2) of the Prevention of Corruption Act and was sentenced to undergo R.I. for two years and a fine of Rs. 1000.00. Appellant Suraj Prasad was convicted under Section 161, I.P.C. and sentenced to undergo R.I. for one year and a fine of Rs. 200.00. He was further convicted under Section 165 (A) and sentenced to undergo R.I. for one year and a fine of Rs. 200.00. The appellant was further convicted under Section 5 (2) of the Preven­tion of Corruption Act and sentenced to unde,rego R.I.for 1,1/2years and a fine of Rs,300. 00,
(2.) THE brief facts gleaned from the F.I.R. and the evidence adduced by the prosecution in the case are that Ale Hassan appellant, who was posted as Naib Tahsildar at Tahsil Sadar District Mirzapur in the month of April 1978, made a demand of Rs. 200.00 as illegal gratification through the agency of his Peon Suraj Prasad from complainant Hub Lal P.W. 2, who is resident of village Kolhar P.S. Kotwali Dehat District Mirzapur for favour of deciding the mutation case in his favour over a portion of land measuring 8 biswas purchased by the complainant from one Harihar Dubey of the same village. The aforesaid case of mutation had come to the court of Ale Hassan appellant by transfer which Ale Hassan appellant had been keeping pending. Aggrieved by the delay in the decision of the case the complainant approached the Peon Suraj Prasad who seduced him into giving illegal gratification of Rs. 200.00 if he wanted to expedite decision of the mutation case. Next day i.e. on 29.3.78 complainant Hub Lal met Ale Hassan in the company of one Raghuvir (not examined) at the house of Ale Hasan situate in Mohalla Ramai Patti Mirzapur who desired the mpney to be paid to him (appellant) within 3-4 days. Next day Hub Lal complainant conveyed to Suraj Prasad, Peon at Tahsil and he would arrange the money within 1-2 days. However, the complainant Hub Lal being unable to raise money, met Ram Kishan, P.W. 3, Ex. M.L.A. and narrated to him the demand of illegal gratification. The aforesaid Ram Kishun asked Hub Lal complainant to come to him next day along with Rs. 200.00. Next day Ram Kishun P.W. 3 took Hub Lal to the residence of Supdt of Police where facts relating to demand of illegal gratification were disclosed to the Supdt of Police. The complainant was asked by the aforesaid Supdt. of Police to reduce the facts into writing whereupon Hub Lal filed application Ex. Ka 1 before the Supdt. of Police. The aforesaid application was endorsed to Sri Ram Naresh Tripathi, P.W. 1, the then Circle Officer to decoy the appellants. The statement of the complainant Hub Lal was recorded by J.K. Tandon, S.D.M. Sadar at the direction of the District Magistrate who also initialled the currency notes produced by the complainant before him. According to the directions of Shree Ram Tripathi, the complainant along with Ram Kishun P.W. 1 and Raghubir and Khannu Harijan again came to the residence of Shree Ram Tripathi P.W. 1. Aforesaid Shree Ram Tripathi, P.W. 1 summoned S.I. Ram Naresh and two constables Sheoji Goswami and Chauthi Ram in plain clothes to his residence and drafted' them about the manner of trap to decoy the appellants. There­after, Shree Ram Tripathi started on his jeep along with witnesses and having parked the jeep on the road in front of Police Station Kotwali Dehat, the trap party marched on foot. Shree Ram Tripathi positioned himself near the eastern window of the residence of Ale Hassan accused on the road and deputed the trap party and the witnesses near the western window facing the Road. Complainant' Hub Lal P.W. 2 entered the room of Ale Hassan along with Raghubir. At that time, Ale Hassan was seated on a cot flanked by Suraj Prasad his peon nearby. Hub Lal complainant touched the feet of Ale Hassan and on being told that he had brought the money, Ale Hassan asked the complainant to place the money on the table nearby and suggested to him to see him (Ale Hassan) at Tahsil itself. Suraj Prasad Peon on being singalled picked up the currency notes and began to count the same. Meanwhile, Shree Ram Tripathi along with trap party and the witnesses, gained entry into the room after noticing the exchange of money from their places aforesaid Suraj Prasad, Peon made an unsuccessful bid to run away. Both the appellants were arrested and currency notes were taken into posses­sion. Recovery memo Ex. Ka 4 was pre­pared on the spot by Sree Ram Tripathi P.W. 1. The appellants were-taken to Police Station Kotwali where F.I.R. was lodged and a case was registered against the appellants. Investigation of the case was taken UD bv Dava Shanker Singh, Dy. S.P. P.W. 8 who interrogated Sri. Ram Tripathi P.W.1. Later on the investigation was conducted by Vibhuti Narain Singh, Dy. S.P. P.W. 4 who interro­gated complainant Hub Lal and Ram Kishun P.W. 3 and other witnesses. After concluding the investigation, he submitted charge-sheet in the Court in the wake of proper sanction having been accorded for prosecution of the appellants by the respective authorities. Ale Hassan appellant denied the allegations and took up a specific defence to the effect that mutation case in which he has been ascribed to have accepted the illegal gratification, had been decided by him as far back as on 24.11.77 and further the application for restoration had also been decided by him way back on 25.2.78. The allega­tions of accused Ale Hassan in his defence are that witnesses wanted him to do favour to them which he had declined as a result of which the conspiracy afore­said was hatched against him resulting in his false implication in the instant case. However, no evidence has been adduced by the appellant Ale Hassan in support of his defence excepting filing documents Exts Kha 1 to Kha 9.
(3.) PROSECUTION examined in all nine witnesses in support of its case and out of the above set of witnesses, Shree Ram Tripathi P.W. 1, Hub Lal P.W. 2, Ram Kishun alias Ram Kishan P.W. 3 were examined as ocular witnesses of the occurrence. The Court examined Khwaja Ashraf Hasan as C.W. 1.;