JUDGEMENT P.K. SARKAR, J.:-This criminal appeal is directed against the judgment and order dated 27.2.93 passed by the Special Judge, CBI, Dhanbad in AC case no. 6/83 whereby the learned Special Judge CBI found the accused guilty under section 161 IPC and section 5(2) of the Prevention of Corruption Act read with section 5(i)(d) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for a term of one year under each of section 161 IPC and 5(2) of the Prevention of Corruption Act and a fine of As 1,0001- and in default to undergo rigorous imprisonment for a further period of six months. It was further ordered that the sentences shall run concurrently. 2. The brief facts of the case appear to be as follows:- "The accused was posted as Finance Officer in Cost and Budget section in Area no. IV in the headquarters of B.C.C.L. at Koyala Bhawan during the period April, 1993. It is stated that special division of the CBI, Dhanbad branch was investigating the cases vide R.C. Case no. 13/82 (D) and R.C. Case No. 14/82 (D) during the relevant period against one Dukhi Sonar amongst others relating to the area office of the accused in which the General Manager, B.C.C.L. had directed the accused to render necessary assistance to the investigating agency by arranging and producing certain documents in connection with the aforesaid cases. It is further alleged that accused was persistently pressuring and threatening the complainant, Par mesh war Sonar, son of Dukhi Sonar to pay him a sum of Rs 2,000/- as illegal gratification for getting the cases against his father investigated by CBI hushed up. The complainant expressed his inability to pay aforesaid sum at a time and so it was agreed that he will make payment to the accused in installment. It is alleged that on 11.4.83 the accused approached the complainant and asked him to pay first installment of Rs 200/- in the afternoon on 12.4.83 in his office as he will come to Dhanbad in the early hours. Since the complainant was not willing to pay the amount, he lodged a written complaint on 11.4.83 in the office of SP/ CSI. Dhanbad. The veracity of the said report was verified on 12.4.83 by PW Asfar Khan. Since the complainant was not willing to pay the amount, he lodged a written complaint on 11.4.83 in the office of SP/ CSI. Dhanbad. The veracity of the said report was verified on 12.4.83 by PW Asfar Khan. After verification of the veracity of the complainant a trap was arranged by the CBI Dhanbad and for that purpose, a raiding party was constituted to be headed by PW N. Jha the then DSP consisting of independent witnesses namely PW 1 Dadan Tewary and PW 3 K.K. Mandal besides other CBI personnels. It is further stated that two currency notes of Rs 100/-treated with phenolphthalein powder were handed over to the complainant for being tendered to the accused on demand at the specific place and time. Physical demonstration was shown to the complainant and the witnesses in the CBI office by showing the reaction of phenolptheline powder in the solution of Sodium carbonate turning the milky solution into pink colour. A preliminary memorandum of the demonstration was also prepared in the office of the CBI which was testified by the witnesses including D.S.P. The raiding party with specific instruction to each member proceeded to the area office, where the transaction was to take place. The members of the raiding party took their respective position on reaching the spot to execute the operation. It is alleged that at about 3.40 P.M. on the same day i.e. on 12.4.83 complainant entered into the office of the accused along with prosecution witness K.K. Lal and wished the accused in usual manner and the accused thereafter demanded the amount of illegal gratification from the complainant and the complainant tendered trained notes and PW K.K. Lal who was assigned to give signal, gave required signal and the raiding party entered into the room of the accused. Thereafter the then D.S.P. challenged the accused of having accepted the bribe and caught hold his both hands. Accused initially denied the allegation but later produced the notes he had accepted from the complainant and kept in envelope in drawer. The agent of the area office was then called and in his presence hands of the accused were washed in solution of sodium carbonate as a result of which solution got pink suggesting the presence of the particles of phenolptheline in the hands of the accused. The agent of the area office was then called and in his presence hands of the accused were washed in solution of sodium carbonate as a result of which solution got pink suggesting the presence of the particles of phenolptheline in the hands of the accused. The detailed memorandum of the incident was prepared on the spot and the accused was taken into custody. Solution contained in separate container was sealed on the spot which was testified by the witnesses present on the spot. Currency notes allegedly recovered from the possession of the accused ere also sealed in presence of witnesses. They also signed in the recovery memorandum prepared on the spot. After completing investigation, CBI submitted charge-sheet against the accused for trial. Cognizance was accordingly taken and charges under section 161 IPC and 5 (i)(d) of the Prevention of Corruption Act and under section 5(2) of the said Act were framed and the accused was put on trial and 8 witnesses were examined on behalf of the prosecution. Necessary papers were proved. Accused was also examined under section 313 Cr.P.C. and after completion of the trial, learned Special Judge, CBI Dhanbad passed the impugned judgment convicting and sentencing the accused in the manner aforesaid." 3. Being aggrieved by and dissatisfied with the aforesaid judgment, this present appeal has been filed. 4. On perusal of the record, it also appears that during trial the accused took the defence of total denial of the occurrence. Accused-appellant submitted that he has been falsely implicated due to animosity in this case, as accused detected and enquired into some forged bills submitted by the father of the complainant for which CBI had registered cases against him. 5. Mr. P.S. Dayal, learned counsel for the accused appellant, submitted that the court below while considering the evidence and fact of the case had failed to appreciate certain important aspects of this case and reached to a wrong decision. Mr. Dayal further submitted that very fact of recovery of notes in question has not been substantially established by the prosecution as there are basic discrepancy in the statements of the witnesses and the recovery memo has also not been properly proved. Hence it is submitted that the impugned judgment suffers from illegality/irregularity and deserves to be set aside. 6. On the other hand, Mr. Hence it is submitted that the impugned judgment suffers from illegality/irregularity and deserves to be set aside. 6. On the other hand, Mr. P.P.N. Roy, learned counsel for the CBI submitted that there is absolutely no inconsistency or contradiction in this case and the prosecution has been able to establish the case beyond all shadow of reasonable doubts. 7. The main question, therefore, arises for consideration is whether Rs. 200/- note given to the accused at the time of occurrence as illegal gratification and recovered in the manner alleged to have been properly established by the prosecution and the court below had properly appreciated the evidence on record and came to a correct conclusion. 8. The prosecution in all examined 8 witnesses in this case. PW 1 Dadan Tewary was working as Assistant Commissioner in the Coal Mines Provident Fund Commissioner office, Region no.2 in April, 1983. PW 2 Afsar Khan is a constable working in the CBI office. PW 3 is Kamal Kishore Lal, an Assistant Superintendent in Dhanbad postal division. PW4 is Parmeshwar Sonar, complainant of this case. PW 5 C. Kuberam, is a formal witness and proved sanctioned letter only. PW 6 is Narayan Jha D.S.P./CBI in whose supervision raid was conducted. PW 7 is Santosh Kumar Ghose, Director, Technical BCCL and PW8 is Santosh Kumar DSP/CBI, the Investigating officer or this case. 9. PW4 complainant has stated that in 1983 he was working in colliery (West Modidih) where his father was a contractor. PW 4 has further stated that there was a case against his father conducted by CBI in connection with which he used to come to meet P.N. Jha (accused) who used to insist that if he pays Rs 2000/- to him he can hushed up the case against his father instituted by CBI. P.W.4 has further stated that he told him that he is a poor man and cannot pay the said amount. PW4 has also stated that thereafter he made a complaint to the CBI office in writing (exhibit-3). On 12.4.83 he again went to the CBI office and one man of CBI was deputed with him with whom he went to the office and met Sri P.N. Jha P.N. Jha told him whether he had brought the money on which he replied that he was arranging for the money. On 12.4.83 he again went to the CBI office and one man of CBI was deputed with him with whom he went to the office and met Sri P.N. Jha P.N. Jha told him whether he had brought the money on which he replied that he was arranging for the money. Thereafter he returned to the CBI office and reported before DSP, N. Jha. Two other persons also came there who were Dadan Tewary and K.K. Lal. Besides them Jhaji, Lakhi Babu and Choudhary Saheb were also there. All persons were introduced to each other. Some powders were sprinkled on a paper and a solution was prepared. Tewary Jee touched the paper and put his hand in the solution and it became red. Then the solution was put in a bottle and sealed. PW 4 has also stated all of them signed. He proved his signature which has been marked as exhibit 1/16. Paper in which powder was sprinkled, was also sealed in an envelope and all the persons also signed on it. PW 4 has further stated that he deposited Rs. 200/- in notes of Rs. 100/- each, number of the notes was written and powders were sprinkled on those notes and then the notes were given to him which he kept in his pocket. The paper in which numbers of notes were written was kept by the DSP saheb. Thereafter all of them went to the Area General office where they reached at about 3 P.M. P.W.4 has further stated that after reaching the office he went to meet P.N. Jha who was sitting in his office. Shri Jha asked him whether he had brought the money then he gave him Rs 200/- P.N. Jha put the money in the drawer of his table when DSP saheb and Tewary saheb came and recovered money from the drawer. The numbers were compared with the numbers written earlier in the paper and those were sealed in an envelope and all persons signed on the envelope. PW 4 has proved his signature which has been marked as exhibit-1/17. Thereafter Ghosh Saheb came and hands of P.N. Jha was washed with water which became red. The solution was put in a bottle and was sealed and all of them signed on it. He has proved his two signatures which has been marked as exhibits-1/18 and 1/19. PW 4 has proved his signature which has been marked as exhibit-1/17. Thereafter Ghosh Saheb came and hands of P.N. Jha was washed with water which became red. The solution was put in a bottle and was sealed and all of them signed on it. He has proved his two signatures which has been marked as exhibits-1/18 and 1/19. He also proved his signatures on the recovery papers which have been marked as exhibits 1/20 to 1/23, exhibits 1/24 to 1/27 and exhibit 1/28. He has also proved his two petitions written and signed by him which have been marked as exhibits 3/1 and 3/2. Thus, PW 4 who is complainant of this case has fully corroborated the entire occurrence. 10. PW 6 Narayan Jha, DSP, CBI under whose supervision the entire trap was led has also fully corroborated the evidence of PW 4, the complainant. He has also stated that on 11.4.83 the complainant came in the CBI office and filed a written report stating that P.N. Jha the then Accounts officer BCCL Area no. iv had asked for a bribe of Rs 200/- for getting his father released in a case. He also stated that this father is an accused in a case filed by CBI and the accused P.N. Jha was entrusted to supply necessary papers in the aforesaid case to the CBI. PW6 has further stated that the complaint was registered in the CBI office and proved exhibit-5 i.e. his signature on the said FIR. PW6 has further stated that after registering the case, a trap was arranged and two independent witnesses Dadan Tewary and K.K. Lal were called. The complainant, Parmeshwar Sonar, Sarwan Kumar, Lakhi Prasad and R.C. Chaudhary, the then Inspector were present in the office and all of them introduced with each other and the complaint petition was read over. Demonstrations were made in which a white paper was treated with the phenolptheline powder and Dadan Tewary was asked to put his hand on the paper. Then a solution of, sodium carbonate was prepared and Dadan Tewary was asked to wash his hand in the white solution and it became pink. The said solution of pink was kept in a bottle and it was sealed. The members of the party signed on the seal. He has proved his signature marked exhibit-1/29. The paper was sealed in an envelope in which he also signed. The said solution of pink was kept in a bottle and it was sealed. The members of the party signed on the seal. He has proved his signature marked exhibit-1/29. The paper was sealed in an envelope in which he also signed. He has proved his signature which has been marked as exhibit-1/30. Thereafter a sum of Rs 200/- which the complainant brought for payment of first installment was produced which was two one hundred rupees notes and the numbers were AH/47- 149223 and AD/19-539236. The numbers were noted in the memorandum and phenolptheline powder was sprinkled on those notes. The pocket of the complainant was searched and no other money or paper was found and both notes were given to the complainant for giving the accused when he would ask for the bribe. A search was also made of all the members of the raiding party and they had no paper or money with them. The rest of the phenolptheline powder was kept in the office. Thereafter all of them washed their hands so that they may not have any powder in their hands. Then PW 3 K.K. Lal was directed to hear the conversation of the complainant and the accused and to see the payment of money from a convenient distance. He was also told that if the bribe money is accepted he should signal so that others can come. Dadan Tewary remained with him. PW6 has further stated that other members of the party were directed to remain nearby. A memorandum was prepared on the above facts which was typed by Shri Mitra and was signed by them. He has also put his signature on the memorandum which has been marked as exhibit-6. At about 3.30 P.M. the members of the raiding party along with witnesses went to the office of the General Manager where the accused used to sit. The accused used to sit in the first floor of the two storied building. There was a door and a window in the office and there was a verandah in front of the door of the room. K.K. Lal who went with the complainant stopped near the door which was opened. PW6 has also stated that he and Dadan Tewary remained near the window. The door of the room was of one piece and a spring was also fitted which was not working. K.K. Lal who went with the complainant stopped near the door which was opened. PW6 has also stated that he and Dadan Tewary remained near the window. The door of the room was of one piece and a spring was also fitted which was not working. Hence the door was open. The complainant, Parmeshwar Sonar, went inside the room of the accused and wished him. The accused asked him whether he has brought money and the complainant gave those notes of Rs 200/- treated with powder and requested him to close the case as per his assurance, but the accused said that only after payment of the full amount he would do the needful. Thereafter the accused took the money in his right hand and after counting the amount by both the hands he put the same in a white envelope and kept it in the drawer of the table. At that time, K.K. Lal gave the signal and all of them came inside the room. PW6 has further stated that he introduced himself and told him that he was arrested on the allegation of taking bribe. On being pointed by Sri Lal, the envelop was taken out from the drawer by Sri Dadan Tewary in which the above amount of Rs 200/- was kept. PW6 has proved exhibit-7 i.e. the above envelope. He has proved his signature on the envelope exhibit-1/31. The accused was taken into custody and the General Manager Shri S.K. Bose was called and the solution of sodium carbonate was prepared and the right hand of Mr. Jha washed and the solution turned in pink colour. The said solution was kept in bottle and sealed and signed by him and other witnesses marked 'R' for identification. He has identified the bottel already marked as exhibit-3. He has proved his signature on the Hottle marked exhibit 1/32. Thereafter another solution of sodium carbonate was prepared and the accused was asked to put his left hand in the milky solution and it became pink. The said solution was kept in another bottle and marked which is marked 'L' for identification. He has identified bottle already marked exhibit-4 and also proved his own signature marked as exhibit-1/33. Notes found in the drawer were compared with the numbers earlier recorded which tallied with each other. The notes were kept in another envelope and was sealed. The said solution was kept in another bottle and marked which is marked 'L' for identification. He has identified bottle already marked exhibit-4 and also proved his own signature marked as exhibit-1/33. Notes found in the drawer were compared with the numbers earlier recorded which tallied with each other. The notes were kept in another envelope and was sealed. He put his signature which has been marked as exhibit 1/34. He has further stated that a memorandum was prepared by one Sarwan Kumar on his instruction which is in four pages. He has proved the memorandum which has been marked as exhibit-7 Thus, PW 6 in his evidence has fully corroborated the entire occurrence and also the evidence of PW 4 i.e. the complainant. 11. PW2 is Afsar Khan, a constable of CBI. He was also a member of the raiding; party and has also corroborated in his evidence the entire occurrence and the statements of PWs 4 and 6. He has proved exhibit-2 i.e. his signature in his report before the S.P. about the demand of money by the accused. He has also proved his signature in the memorandum as exhibit 1/8. 12. PW 3 K.K. Lal who was working as Assistant Superintendent of Post offices in the year 1983 and was posted at Dhanbad also corroborated the evidence of PW6 inasmuch he has stated that the Superintendent of Post offices Dhanbad was called in the CBI office. On the basis of that order, he went there on 12.4.83. At that time, Sri Dadan Tewary of the Coal Mines Provident Fund office, Dhanbad was also present there. Some officers of the CBI and the complainant, Parmeshwar Sonar were also present. The complaint of Parmeshwar Sonar was read over to them and then a demonstration was held. Some power was put on a white paper and Dadan Tewary put his hand in the said paper. Then his hand was put in a solution of sodium carbonate and the solution of white colour became pink. Thereafter the said solution was put in a bottle and sealed. Their signatures were obtained on the seal. He has proved his signature and marked as exhibit-1/9. Paper was also put in a separate envelope and sealed, he signed on the same also. The said signature of PW3 on the envelope was marked as exhibit 1/10. Thereafter the said solution was put in a bottle and sealed. Their signatures were obtained on the seal. He has proved his signature and marked as exhibit-1/9. Paper was also put in a separate envelope and sealed, he signed on the same also. The said signature of PW3 on the envelope was marked as exhibit 1/10. PW3 has further stated that two notes of Rs 100/- each was produced by Parmeshwar Sonar and their numbers were noted and powder was sprinkled on the notes and those notes were given to Parmeshwar Sonar. A memorandum was prepared and he put his signature on the said memorandum which has been marked as exhibit-1/11. Thereafter they went to Sizua colliery office. The CBI officer Dadan Tewary and Parmeshwar Sonar also went there along with him. He was asked to stand in the verandah of the accused. Accordingly, he stood there. Parmeshwar Sonar went inside the chamber of P.N. Jha. He was asked to hear the conversation. Accordingly, he heard that P.N. Jha told the complainant whether he had brought the money, on which Parmeshwar Sonar replied that he has brought the money and requested him to set right his case, on which P.N. Jha told that he will do the same only after getting the entire amount. Then Parmeshwar Sonar gave the aforesaid money which he kept in the envelope and put the same in drawer. The CBI officers and all of them entered into the office. The CBI officer showed his identity card and asked the accused to produce the money. The accused took out the money, from the drawer. Sodium carbonate solution was prepared there. Then one of the hands of the accused P.N. Jha was washed in the said white solution and the solution became pink. The aforesaid solution was kept in a bottle and sealed. He put his signature on the bottle. He has identified the bottle and proved his signature marked as exhibit 1/12. Another solution was also prepared in which the other hand of accused was put and said solution turned pink. The same was also kept in a bottle and sealed. He also put his signature on the same which has been marked as exhibit-1/13. Both the notes were put in an envelope and was sealed. He has also signed on the same. The said signature has been marked as exhibit1/14. The same was also kept in a bottle and sealed. He also put his signature on the same which has been marked as exhibit-1/13. Both the notes were put in an envelope and was sealed. He has also signed on the same. The said signature has been marked as exhibit1/14. The numbers of the notes earlier written in a slip at the time of demonstration were compared and the numbers tallied. A memorandum was prepared in which also he put his signature. The said signature has been marked as exhibit-1/15. 13. PW1 Dadan Tewary has also stated that in April, 1983 he was posted in the Provident Fund Commissioner office region no.2 as Assistant Commissioner. On 12.4.83 at about 11.30 the Joint Secretary asked him to meet Shri N. Jha, DSP/CBI in the CBI office. So he went and reached there at 11.45 and he met Shri N. Jha. Sri K.K. Lal Inspector of Post offices Dhanbad was also present there. Besides him the complainant Parmeshwar Sonar was also there. He knew Shri N. Jha from before but he was introduced to K.K. Lal and Parmeshwar Sonar. PW1 has fully supported the entire occurrence inasmuch as he has also stated that the complaint was explained to them and he was also told that a raid would be made. A demonstration was held and some powder was put on white paper. He was asked to touch the paper. He touched it with his fingers. Then a solution of white colour was prepared in a glass, and was asked to put his fingers in the same. Accordingly, he put his signature in the said solution and the solution became pink. The solution was put in bottle and was sealed. He signed on the said deal. He has identified the bottle and proved his signature which has been marked as exhibit 7. The bottle has been marked as exhibit I. The paper was put in an envelope which was also sealed. He has proved exhibit-2 his signature on the aforesaid envelop. The powder sprinkled in the envelope has been marked as exhibit II. Thereafter the money was taken from. Parmeshwar Sonar which he brought for the accused. There were two notes of Rs 100/- each. The number of the notes were noted. The above white powder was also sprinkled on the notes. The powder sprinkled in the envelope has been marked as exhibit II. Thereafter the money was taken from. Parmeshwar Sonar which he brought for the accused. There were two notes of Rs 100/- each. The number of the notes were noted. The above white powder was also sprinkled on the notes. The notes were given to Parmeshwar Sonar and he was instructed to give the aforesaid notes on being asked by the accused. Thereafter all of them washed their hands with soap. The personal search of all of them were made to see whether they are having any other notes. He was asked to stand along with N. Jha. Shri K.K. Lal was asked to remain with the complainant, Parmeshwar Sonar and he was asked to give signal when Parmeshwar Sonar would pay the money to P.N. Jha. A memorandum was prepared in which he signed on each of the pages. He has proved the memorandum marked as exhibit 1 to 1/3. PW 1 has further stated that thereafter they went to the Sizua office of the BCCL area IV and stood near the office of P.N. Jha. The door of the office opened in the varanda. There was a window in the room and also a verandah in which there was window, which also opened in that verandah. They reached there at 3 P.M. The accused P.N. Jha was in his office. PW1 has further stated that he and Narayan Jha remained standing near the door on the verandah. The complainant went inside the chamber of the accused. P.N. Jha. At that time the door and the window were opened and the conversation between the complainant and the accused was clearly heard from outside. PW1 has further stated that he heard Par mesh war Sonar wished P.N. Jha., Thereafter P.N. Jha asked whether he has brought the money. The complainant then gave the money. P.N. Jha thereafter enquired when he would give the remaining amount. Parmeshwar Sonar replied that he will give the amount after the case is disposed of. Thereafter the accused took both the notes from Parmeshwar Sonar and kept the same in an, envelope and put it in the drawer of the table. Then on the signal of Parmeshwar Sonar Shri K.K. Lal gave signal and after the signal of Sri N. Jha all of them went inside the room. Thereafter the accused took both the notes from Parmeshwar Sonar and kept the same in an, envelope and put it in the drawer of the table. Then on the signal of Parmeshwar Sonar Shri K.K. Lal gave signal and after the signal of Sri N. Jha all of them went inside the room. Sri N. Jha gave his identity and, told the accused P.N. Jha that he has taken bribe. Accused P.N. Jha defended himself. Shri N. Jha asked the accused not to touch any article and he caught both of his hands end then drawer of the table was opened. The envelope was taken out from the drawer and the notes were found. The numbers of notes were compared with the number of the notes earlier noted in the CBI office and the numbers tallied. P.W.1 has also stated that thereafter Dr. Ghosh General Manager of the area office IV was called and in his presence white solution was prepared in two glasses and P.N. Jha was asked to put each of his hands in a glass and the milky solution became pink. Those solutions were separately kept in bottles and were sealed. Dr. Ghosh and all of them singed on the same P.W.1 has proved exhibits I and II i.e. the above two bottles. The above bottles and envelope containing money was also sealed with the seal of the General Manager Sijua Area office no. IV. The seal with which above papers and bottles were sealed was kept on his custody which he produced before the court. Notes were kept in an envelope on which also he put his signature. The said envelope with the notes has been marked as exhibit V. A memorandum was prepared and he signed on each page of the said memorandum which has been marked as exhibits-1/4 to 1/7, others also signed on the same. The seal of the envelope in which money was kept and proved as exhibit-5 was found intact by the court. The seal was opened and the envelope in which the money was kept and contained the signature of PW 1 was marked as exhibit VI. He has also proved the notes AD/19-539236 and H/47 149223 which were marked as exhibits VII and VIII. 14. PW 7 is Shri Santosh Kr. Ghosh, who has stated that in April, 1983 he was posted as General Manager at Katras area office. He has also proved the notes AD/19-539236 and H/47 149223 which were marked as exhibits VII and VIII. 14. PW 7 is Shri Santosh Kr. Ghosh, who has stated that in April, 1983 he was posted as General Manager at Katras area office. On 12.4.83, a trap was laid by the CBI when he was told that DSP, CBI has called him in the chamber of P.N. Jha. So he went there. The DSP, CBI told him that Rs 200/- have been recovered from the drawer of Mr. Jha in an envelope. The envelope was kept in an envelope and sealed. He put his signature on the said envelope which has been marked as exhibit 1/35. Both left and right hands of the accused were washed in his presence in a milky solution and that became pink. The solutions were kept in different bottles separately. The bottles were sealed and his signatures were taken. He has proved his signature in one of the bottle, marked as exhibit 1/36. He has further stated that a memorandum was prepared in four pages on which his signature was taken. He has proved exhibits 1/37 to 1/40. P.W.7 has also stated that the CBI officers told him that the money which was taken as bribe by the accused was recovered from him. 15. PW 8 Santosh Kumar, DSP, CBI is the Investigating officer of this case. He has also fully supported the occurrence and stated that he took the statements of the witnesses and submitted charge-sheet. 16. PW 5 C. Kuberam is a formal witness and he has simply proved as exhibit 4 i.e. sanctioned letters which was typed by him at the dictation of Mr. Gujral, Chairman cum Managing Director, Coal India Ltd. 17. From the statements of the aforesaid witnesses, it appears that the complainant (PW4) has fully corroborated the prosecution case and the complaint made by him before the CBI regarding demand of bribe by the accused P.N. Jha to hush up the case filed by the CBI against his father. He has also corroborated the actual payment of the bribe money to the accused in the manner instructed by the CBI when they laid a trap and the subsequent arrest of the accused is concerned,. PW6 DSP/CBI who supervised the entire episode also fully supported the occurrence and the recovery. He has also corroborated the actual payment of the bribe money to the accused in the manner instructed by the CBI when they laid a trap and the subsequent arrest of the accused is concerned,. PW6 DSP/CBI who supervised the entire episode also fully supported the occurrence and the recovery. PW2 who is a police constable in the CBI has also supported the entire occurrence. PW1 Dadan Tewary, PW3 K.K. Lal and PW7 Dr. Santosh Kr. Ghosh who are independent witnesses have fully supported the occurrence in the manner alleged. P.Ws. 1 and 3 have also fully supported the demonstration in the CBI office conducted before them and subsequent action by the different persons as per direction of the CBI officials and the payment of bribe to the accused and subsequent recovery of the money and also preparation of white solution of sodium carbonate which became pink on washing of the hands of the accused in the same. Thus, these two witnesses who have nothing to do with the CBI have fully supported the payment of bribe and the recovery of money. P.W.7 is the General Manager-cum-Director, Technical BCCL under whom the accused was working, was called after recovery and he has also fully corroborated the subsequent occurrence. The respective witnesses have also fully supported the fact of the preparation of the memorandum and their signatures on different papers. All witnesses have fully proved their respective signature in different papers and on the material exhibits i.e. the bottles in which the solutions were kept and on the envelope in which notes were kept etc. 18. From the aforesaid facts, it appears that the statements of the witnesses are fully consistent with each other and fully corroborate the prosecution case. A careful perusal of the statements in the cross-examinations of the witnesses show that there are nothing in them by which their aforesaid evidence can be disbelieved. There is also nothing to show that there was any enmity or motive which may induce PWs 1, 3 and 7 to give false evidence against the accused. 19. Mr. P.S. Dayal, learned counsel for the accused-appellant, mainly stressed on the fact that the prosecution has not produced any paper in which numbers of notes were earlier noted and with which the numbers of the seized notes were compared after the seizure was made. 19. Mr. P.S. Dayal, learned counsel for the accused-appellant, mainly stressed on the fact that the prosecution has not produced any paper in which numbers of notes were earlier noted and with which the numbers of the seized notes were compared after the seizure was made. This raises a doubt in the authenticity of the recovery itself. Moreover, originally, it was not alleged that money was kept in an envelope though subsequently the same was recovered in an envelope. The learned counsel for the appellant also submitted that there are inconsistencies in the version of the different witnesses regarding the recovery of the money from the drawer of the accused. He also submits that the evidence of the witnesses are tutored evidence which they have stated in parrot like manner and thus, no reliance can be placed on them. The learned counsel contends that CBI has miserably failed to establish the fact that the money recovered was actually given by the complainant to the accused and submitted that no conviction can be based on the basis of such inconsistent and weak evidence. 20. It is also submitted on behalf of the appellant that the occurrence is of the year 1983 and the conviction was made in the year 1993 i.e. about 10 years after and this appeal has been taken up in the year 1999 i.e. after 16 years of the occurrence. Mr. Dayal, therefore submits that the accused has sufficiently been punished and at this late stage, it will be against the interest of justice to put the accused behind the bar for a sum of Rs 200/- alleged to have been taken by him as bribe which also has not been proved by cogent evidence. 21. Mr. P.P.N. Roy, learned counsel for CBI has submitted that the prosecution has been able to establish its case fully on the basis of the evidence on record. PWs. 1, 3 and 7 are independent witnesses with whom the CBI have no concern nor there is any enmity with them and the witnesses have fully supported the case. PW7 who is General Manager in the area office was also called after recovery and he has also fully supported the occurrence. It is further submitted that the delay in the trial is not due to any fault on the part of the prosecution or the court. PW7 who is General Manager in the area office was also called after recovery and he has also fully supported the occurrence. It is further submitted that the delay in the trial is not due to any fault on the part of the prosecution or the court. On perusal of the record, it will appear that adjournments were given from 16.5.95 to 4.8.97 on the ground of illness of the learned counsel for the appellant. It is submitted that numbers of notes were not mentioned in any chit of paper separately but was mentioned in the preliminary memorandum earlier prepared in the office with which numbers of the seized notes when compared fully tallied with each other. Accordingly, Mr. Roy has submitted that the prosecution has been able to establish the fact beyond all shadow of reasonable doubts that the accused appellant was caught while taking bribe of Rs 200/- from the complainant on the date of occurrence. The findings of the court below are, therefore, fully consistent with the facts and evidence of the case. Learned counsel, therefore, submits that the order of conviction of the accused passed by the court below under section 161 IPC and sentence of one year under the said section and also the conviction under section 5(2) of the Prevention of Corruption Act and the sentence of fine of Rs 1000/- and in default imprisonment for six months under the aforesaid section are fully justified and deserve to be confirmed. 22. On a careful consideration of the entire facts, circumstances and evidence on record and the manner in which the trap was laid the recovery appears to have been fully established by the prosecution witnesses and there is no such discrepancy or inconsistency for which the entire evidence adduced by the prosecution can be disbelieved. In that view of the matter, I do not find any inconsistency/ illegality/irregularity in the impugned order of the learned Special Judge, CBI for which an interference is called for. Thus, conviction of the accused-appellant under both the sections i.e. section 161 IPC and section 5(2) of the Prevention of Corruption Act is hereby confirmed. In that view of the matter, I do not find any inconsistency/ illegality/irregularity in the impugned order of the learned Special Judge, CBI for which an interference is called for. Thus, conviction of the accused-appellant under both the sections i.e. section 161 IPC and section 5(2) of the Prevention of Corruption Act is hereby confirmed. However, considering the fact that the occurrence happened about 16 years before and the fact that the case lingered both before the court below and also at the appellate stage, I feel that sufficient punishment in the form of physical and mental torture has already been undergone by the accused. So the sentence of imprisonment passed against the accused requires some modification. Thus, while confirming the conviction under both the sections, as mentioned above the accused appellant is sentenced under section 161 IPC for the period of imprisonment already undergone and also a fine of Rs 1000/- and in default, RI for six months. Thus, the sentence of one year under section 161 IPC passed by the court below is modified to that extent. However, the sentence to pay a fine of Rs 1000/- and in default to undergo RI for six months passed against the accused under section 5(2) of the Prevention of Corruption Act with provision of section 5(1) (d) of the Prevention of Corruption Act by the court below is not interfered with and is confirmed. 23. With the aforesaid modification in the sentence, this appeal is dismissed.