JUDGMENT :- Challenge in this appeal is to judgment rendered by learned Special Judge, Aurangabad, in Special Case No.14 of 1997 whereby deceased appellant was convicted for offence punishable under section 7 and section 13(l)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and sentenced on each count to suffer rigorous imprisonment for one (1) year and fine of Rs.500/-, in default to suffer simple imprisonment for two (2) months. 2. Background facts leading to the prosecution may be briefly stated in the following way: Deceased appellant - Arun Waman Bane was serving as Police Head Constable. He was attached to Sillegaon Police Station at the material time. Complainant Babu Nighut was found in possession of a contraband liquor bottle during raid at his house on 15th January, 1995. Therefore, Crime No.3 of 1995 was registered against him for offence punishable under section 66(1 )(8) of the Bombay Prohibition Act. The investigation into the said crime was entrusted to deceased appellant (H. C. Bane). He had obtained a bond for appearance and a notice of appearance from complainant Babu Nighut and Sarpanch Ramesh Tathe on 16-01-1995. Since the report of the Chemical Analyser was not received, charge-sheet was not presented against him (Babu) in that case. 3. Complainant Babu Nighut and his wife were required to visit Sillegaon Police Station on 01-05-1996 in order to lodge a report regarding beating to his wife by his cousin brother-in-law and his father. Her complaint was reduced into writing by Head Constable Borade who was on duty. Thereafter, deceased appellant (H. C. Bane) met him. He told the complainant that though many a times, he was called in the Police Station, yet, he had not come. He told the complainant further that the criminal case against him was to be sent to the Court. He assured the complainant that if an amount of Rs.l,000/- would be given to him, then he will forward the case to the Court belatedly. The complainant told him that nobody informed him to attend the Police Station till that date and he had already given Rs. 1,100/- to settle that criminal case and, hence, asked why should he pay further Rs.1,000/-? The deceased appellant then abused him and threatened to put him behind the bars then and there. Complainant Babu was scared and showed readiness to pay. 1,100/- to settle that criminal case and, hence, asked why should he pay further Rs.1,000/-? The deceased appellant then abused him and threatened to put him behind the bars then and there. Complainant Babu was scared and showed readiness to pay. The deceased appellant, on request of complainant Babu, reduced the demanded amount to Rs.400/-. The deceased appellant assured the complainant that if the amount of Rs.400/- was given to him, then the criminal case will be kept pending. The complainant told him that he had no money at that time and assured that he will sell wheat in the Sunday market and after sale of wheat, he would pay the amount. The deceased appellant asked complainant Babu to give such amount of Rs.400/- on Sunday around 9 a.m. at Sillegaon Police Station or thereafter, at Lasur Police Station. The complainant Babu was unwilling to pay the amount and hence, approached Anti Corruption Bureau at Aurangabad. He lodged a complaint on 04-051996. A post-trap panchanama was drawn on the next day and four tainted currency notes of Rs.100/- denomination were given to him. The currency notes were smeared with anthracene powder in presence of panch witnesses. The complainant was instructed to give the amount to the deceased appellant (H. C. Bane) as per the demand and subsequently, to give a signal to members of the raiding party. He and panch Kaduba Shelke went to the entrance gate of the Sillegaon Police Station. A metador vehicle was parked outside at a short distance.0 4. After a shortwhile, the deceased appellant came out and, thereafter, complainant Babu Nighut, panch Kaduba Shelke and the deceased appellant went towards other side of the matador vehicle. Complainant Babu gave the tainted currency notes of Rs.400/- to deceased appellant and immediately thereafter, signalled the members of the raiding party. Dy.S.P. Tandale and other members of the raiding party immediately rushed to deceased appellant. They held his both hands. They recovered the tainted currency notes. Those currency notes bore blisters of blue colour during examination under the ultraviolet lamp. The shirt pocket of the deceased appellant also bore blisters of blue colour. The tainted currency notes were seized. A post-trap panchanama was prepared then and there. Sanction of the competent authority was obtained as required under section 19 of the Prevention of Corruption Act. Those currency notes bore blisters of blue colour during examination under the ultraviolet lamp. The shirt pocket of the deceased appellant also bore blisters of blue colour. The tainted currency notes were seized. A post-trap panchanama was prepared then and there. Sanction of the competent authority was obtained as required under section 19 of the Prevention of Corruption Act. After necessary investigation, deceased appellant was chargesheeted for the offences punishable under section 7 and section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988. 5. A charge (Exh- 7) was• framed against the deceased appellant. It was duly explained to him. He pleaded not guilty to the charge. He, however, admitted that the tainted currency notes were recovered from him immediately after the trap. He denied truth into the accusations that he had made demand for illegal gratification. His defence was that he had given Rs.400/- to the complainant - Babu Nighut with a view to purchase wheat, but then the complainant was unable to procure quality wheat and hence, returned his amount of Rs.400/- to him. He urged for acquittal on account of such explanation put forth by him. 6. At trial, the prosecution examined in all four (4) witnesses in support of its case. The prosecution also relied upon recitals of the complaint, pre-trap panchanama and post-trap panchanama. The learned Special Judge did not believe defence of the deceased appellant (accused). The learned Special Judge came to conclusion that the amount of Rs.400/- was demanded and accepted by the deceased appellant towards illegal gratification. The learned Special Judge, therefore, held the deceased appellant guilty for offences as stated at the outset and passed the impugned order of sentence. 7. Feeling aggrieved, deceased appellant preferred this appeal. He died during pendency of the appeal. His legal representative continued the appeal on his behalf. 8. Mr. Sabnis, would point out that version of the panch witness i.e. P.W.2 Kaduba does not subscribe to the prosecution case as regards intentional delay which was to be caused in filing of the criminal case against complainant Babu. He would submit that when surety and personal bond of complainant Babu were obtained much before the incident of demand, the allegation that he was not attending the criminal case cannot be relied upon. He would submit that when surety and personal bond of complainant Babu were obtained much before the incident of demand, the allegation that he was not attending the criminal case cannot be relied upon. He argued that deceased appellant gave due and reasonable explanation in respect of the amount which was recovered from him. Mr. Sabnis strenuously argued that explanation of the accused is not required to be proved beyond reasonable doubt. He argued that the circumstances on the record support explanation given by deceased appellant - H.C. Bane. He argued that version of the complainant should not have been relied upon by the learned Special Judge. Mr. Sabnis urged to allow the appeal and acquit the deceased appellant from the charge. Per contra, learned A.P.P. Mr. B. J. Sonawane supports the impugned judgment. 9. Before I proceed to embark upon the scrutiny of prosecution evidence, I shall clarify the admitted fact situation. There is no dispute about the fact that complainant Babu was caught while in possession of a contraband liquor bottle before about a year of the alleged incident. The liquor bottle was seized under a panchanama drawn by the deceased appellant. The criminal case had not reached the Court because charge-sheet was yet to be filed. Admittedly, deceased appellant - H. C. Bane came out from premises of the Police Station in the relevant noon and went near the matador vehicle when he saw complainant Babu Nighut and the panch standing at that place. Admittedly, at about 13.20 Hrs., he accepted the tainted currency notes from complainant Babu near the matador vehicle and was returning to the premises of the Police Station when he was caught red handed. The fingers of both of his palms were found to bear blisters of blue colour and so also his shirt pocket bore blisters of blue colour likewise that of the tainted four currency notes of Rs.400/- which came to be recovered from him under the post-trap panchanama. According to the version of deceased appellant, when complainant Babu and his wife visited the Police Station on 01~ 05-1996, then in presence of other police staff members, there was a discussion to purchase "kalyan Sona" quality wheat. He filed a written statement besides his statement under section 313 of the Criminal Procedure Code. In his written statement, deceased appellant asserted that complainant Babu assured him to provide' "kalyan sona" wheat. He filed a written statement besides his statement under section 313 of the Criminal Procedure Code. In his written statement, deceased appellant asserted that complainant Babu assured him to provide' "kalyan sona" wheat. So, he gave Rs.400/- to complainant Babu and instructed to supply a wheat bag and assured to pay remaining amount after delivery of the wheat. The deceased appellant further alleged that he then obtained thumb impression of complainant Babu on notice dated 16-01-1995 to remain present in the Court on 02-05-1996. He alleged that while he was returning home, in the noon of 5th May, 1996, complainant Babu Nighut hurriedly approached him and told that he was unable to supply the wheat and returned the amount of Rs.400/- which was subsequently recovered from his possession. 10. In the wake of above admitted facts, it is but natural that the deceased appellant was required to discharge burden of proof in respect of the explanation given by him. It is true, no doubt, that he was not required to prove his defence beyond reasonable doubt. It would have been sufficient if such defence was proved by preponderance of probabilities. It was also not necessary for him to examine any witnesses if such defence could be made explicitly acceptable on account of material gathered during the cross-examination of the prosecution witnesses, or on account of any documentary evidence. There cannot be any quarrel with the legal proposition that the accused is not required to prove his defence upto the hilt. 11. Coming to the version of P.W.1 Babu, it may be gathered that when he and his wife visited Sillegaon Police Station on 01-051996, the deceased appellant met him there. As stated before, deceased appellant also admitted this fact. According to P.W. Babu, deceased appellant told him that he was not attending the Police Station and threatened to arrest him. His version shows that the deceased appellant abused him and demanded Rs.1,000/- so as to protract the criminal case. Hestates that he and his maternal uncle then agreed to pay Rs.400/to the deceased appellant (H. C. Bane). The version of P.W. Babu reveals that since he felt annoyed due to abuses, addressed by the deceased appellant, he approached the Anti Corruption Bureau and lodged a complaint. He corroborated the recitals of the complaint (FIR - Exh-23). 12. Hestates that he and his maternal uncle then agreed to pay Rs.400/to the deceased appellant (H. C. Bane). The version of P.W. Babu reveals that since he felt annoyed due to abuses, addressed by the deceased appellant, he approached the Anti Corruption Bureau and lodged a complaint. He corroborated the recitals of the complaint (FIR - Exh-23). 12. The version of P.W. Babu purports to show that a pre-trap panchanama was drawn. He was given demonstration of the reflection of anthracene powder under the ultra violet light. He was given the four tainted currency notes and an amount of Rs.30/- which was with him. His version purports to show that at about 8.30 p.m., the staff members alongwith panchas and himself left office of the Anti Corruption Bureau at Aurangablld and proceeded towards Sillegaon Police Station. His version shows that he and one of the panchas went near entrance gate of Sillegaon Police Station in the relevant noon. He gave signal to the deceased appellant (H. C. Bane) who was engaged in his work. However, the deceased appellant did not come out of the Police Station and, therefore, he and the panch witness went to a nearby hotel. After a short while, again they went to the entrance gate and on seeing them, he came out. Both of them went near the matador where he asked whether the amount was brought. Thereupon, P.W. Babu gave positive reply and handed over four tainted currency notes to him. The deceased appellant then counted the currency notes and put them in his shirt pocket. The version of P.W. Babu shows as to how he gave signal and thereafter, the staff members along with Dy. S.P. Tandale rushed towards the deceased appellant (H. C. Bane), caught hold of his both hands and recovered the four (4) tainted currency notes. Thereafter, post-trap panchanama was drawn. 13. The conduct of deceased appellant may be noted. First, if it was his own amount which he wanted to receive back from complainant P.W. Babu, then there was no reason for them to go near the matador and duck themselves by side of the vehicle. Thereafter, post-trap panchanama was drawn. 13. The conduct of deceased appellant may be noted. First, if it was his own amount which he wanted to receive back from complainant P.W. Babu, then there was no reason for them to go near the matador and duck themselves by side of the vehicle. The rough sketch of the spot (Exh-41) shows that the tainted currency notes were accepted by the deceased appellant (H. C. Bane) near the matador vehicle and thereafter, he was proceeding towards the Police Station when he was caught by the staff members of the Anti Corruption Bureau. The contention of the deceased appellant (H. C. Bane) was that complainant Babu assured to provide "kalyan sona" quality wheat as per discussion in the morning of 1st May, 1996 which was the transaction done in presence of Police Constable Sheshrao Hiwale, Police Constable Raosaheb Kale and Police Constable Raosaheb Borade. He did not examine any of the said police staff members in order to prove the transaction entered into with complainant P.W. Babu about purchase of "kalyan sona" wheat. It is not his version that "kalyan sona" wheat was not available in the local market at Lasur Station. There is no scintilla of evidence, barring the vague statement of deceased appellant - H. c. Bane regarding such a transaction between himself and complainant P.W. Babu. His immediate conduct reveals that he was trembling when was caught by the staff members of the Anti Corruption Bureau. He did not explain immediately that the amount was his own and was returned by complainant P.W. Babu. 14. There is evidence of P.W. Kaduba (panch) to show that pre-trap panchanama (Exh27) was drawn in the relevant morning of 5th May, 1996. His version reveals that he, another panch, staff members of Anti Corruption Bureau and complainant P.W. Babu Nighut thereafter proceeded to Lasur Police Station in a police jeep vehicle. They found that only on constable was at Lasur Police Station and learnt through him that H. C. Bane was at Sillegaon Police Station. They went to Sillegaon Police Station. His version shows that when he and complainant P.W. Babu reached near entrance gate of the Police Station, then they noticed that H. C. Bane was engaged in writing some papers and there were some persons around him. Though complainant P.W. Babu signalled him, yet, he had not responded. They went to Sillegaon Police Station. His version shows that when he and complainant P.W. Babu reached near entrance gate of the Police Station, then they noticed that H. C. Bane was engaged in writing some papers and there were some persons around him. Though complainant P.W. Babu signalled him, yet, he had not responded. Therefore they went to a tea stall and took a cup of tea. Another panch Rustum stopped at the tea stall itself whereas complainant P.W. Babu and he (PoW. Kaduba) again reached at the place outside the entrance gate of the Police Station. Though signalled, H. C. Bane did not come out immediately and, therefore, both of them went near the matador vehicle which was parked at a short distance. After a little while, H. C. Bane came near them and then, complainant Babu requested H. C. Bane to do his work. According to P.W. Kaduba H. C. Bane told him that his case was filed in the Court and he shall attend it. Thereafter, H. C. Bane told complainant P.W. Babu to give the amount of Rs.400/- which was given. The panch improvised, however, the conversation and stated "H. C. Bane told Babu to give the amount of Rs.400/- towards him.” 15. Mr. Sabnis: would submit that the word ''towards'' does imply the amount which was due to H. C. Bane or owed to Ho C. Bane which complainant by P.W. Babu. I find it difficult to countenance this argument. The testimony of P.W. Kaduba does not show that the amount was in respect of advance paid by Ho C. Bane for purchase of wheat from complainant P.W. Babu. It appears that panch P.Wo Kaduba gave such statement, which is embellishment, with a view to help the defence. His such statement does not find any corroboration in the post-trap panchanama. The version of P.W. Kaduba further reveals that when the police staff members held both hands of deceased appellant H. C. Bane, then the latter urged them to release him for sake of his children. Needless to say, the deceased appellant did not immediately explain that the amount was his own money which was due from complainant P.W. Babu. The version of P.W. Kaduba reveals that the police papers regarding criminal case to be filed against complainant P.W. Babu were recovered from almirah at the Police Station (Exh-28 and Exh-24). Needless to say, the deceased appellant did not immediately explain that the amount was his own money which was due from complainant P.W. Babu. The version of P.W. Kaduba reveals that the police papers regarding criminal case to be filed against complainant P.W. Babu were recovered from almirah at the Police Station (Exh-28 and Exh-24). The documents regarding the criminal case were also seized (Articles 1-12 to 1-7) and post-trap panchanama (Exh-29) was drawn. 16. The version of P.W. Kaduba reveals that the charge-sheet for offence punishable under section 66(1)(B) of the Bombay Prohibition Act was not filed against complainant P.W. Babu. This fact discloses that intentional delay was being committed in order to extract easy money from complainant P.W. Babu. The cross-examination of P.W. Kaduba reveals that H. C. Bane and complainant Babu had gone behind the matador vehicle. If the amount paid as advance was to be demanded from complainant P.W. Babu, then there was no reason for deceased appellant to indulge in hush-hush conversion with complainant P.W. Babu and not to call him inside the Police Station. It is admitted by P.W. Kaduba that complainant P.W. Babu did not say anything about supply of wheat. Considering these aspects, I am of the opinion that the learned Special Judge rightly accepted the case of prosecution as regards the demand and payment of illegal gratification. 17. The version of P.W.3 Mr. Jain, the then D.I.G. (Law and Order) goes to prove issuance of sanction order (Exh-35). His version shows that he perused the relevant papers sent to him by the Anti Corruption Bureau. He was then the Superintendent of Police (Rural) at Aurangabad. He was competent to appoint and remove police officer upto the rank of Head Constables and Assistant Sub-Inspector. Nothing of much importance could be gathered from his cross-examinaticm. The sanction order is quite legal and proper. 18. The version of P.W. Dy.S.P. Tandale establishes the steps taken durll1g course of pre-trap and post-trap panchanama and recovery of the tainted currency notes from person of the deceased appellant 19. Mr. Sabnis relied upon observations in “Punjilbrao Vs. State of Maharashtra, Chand Jain Vs. The sanction order is quite legal and proper. 18. The version of P.W. Dy.S.P. Tandale establishes the steps taken durll1g course of pre-trap and post-trap panchanama and recovery of the tainted currency notes from person of the deceased appellant 19. Mr. Sabnis relied upon observations in “Punjilbrao Vs. State of Maharashtra, Chand Jain Vs. State of Delhi, 1977 Cri.L.J 254” and "Dnyaneshwar s/o. Laxmanrao Wankhede V s. State of Maharashtra, 2005 ALL MR (Cri) 2322” in support of his contention that the accused is not required to prove his defence beyond reasonable doubt but only by preponderance of probabilities, As stated before, there is no duality of opinion about acceptability of the proposition that the accused need not prove his defence beyond reasonable doubt and can establish the same by preponderance at probabilities. The facts of the present case, however, are much that by preponderance of probabilities, no substance is found in the explanation which was given by the deceased appellant at a belated stage of' the trial. In this view of the matter, I do not find any substantial reason to dislodge the findings of the learned Special Judge. 20. Considering the foregoing discussion, I have o hesitation on holding that the finding of the learned Special Judge are sustainable and proper. 21. In the result, the appeal is dismissed. The impugned judgment rendered by the learned Special Judge, Aurangabad in Special Case No. 14/1997, against the deceased appellant, is maintained, through no further action is required to be taken due to the abetment of execution of substantive sentence. Appeal Dismissed.