(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 12-10-1990 passed by the 4th Special Judge, Bilaspur in Special Criminal Case No.6/88, where by and where under learned Special Judge after holding the appellant guilty for demanding and accepting illegal gratification other than legal remuneration by misusing the office, convicted the appellant under Sections 161 of the I.P.C. and 5 (1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to undergo R.I. for one year and to undergo R.I. for two years and pay fine of Rs.2,000/-, in default of payment of fine to further undergo R.I. for six months, respectively.
(2.) CONVICTION is impugned on the ground that without any iota of demanding and accepting bribe, the Court below has convicted and sentenced the appellant and thereby committed illegality.
(3.) AFTER providing opportunity of hearing to the parties, learned Special Judge convicted and sentenced the appellant in the aforesaid manner.