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Feeling aggrieved by the judgment of conviction and order of sentence dated 24.1.2003, passed by Special Judge (C.B.I.) Jabalpur, in Special Case No. 3/2009 convicting appellant under Section 7 and Section 13(1) (d) read with section 13(2) of Prevention of Corruption Act, 1988 ( for brevity “the Act”) and thereby sentencing him to R.I. for one year and fine of Rs. 5,000/- and R.I. for two years and fine of Rs. 5,000/- respectively. In default stipulation the appellant has preferred present appeal under Section 374(2) of Code of Criminal Procedure, 1973. In brief, the case of prosecution is that at the relevant point of time the appellant/accused Krishna Kant Rathod was posted and working as Senior Clerk under Bhagwan Singh, Assistant Commercial Manager, West Central Railway, Jabalpur. The allotment of emergency quota of berths in the trains was done by Bhagwan Singh and appellant. As per prosecution story the complainant Pawan Singh Thakur and his family were to go to Mumbai for which he had purchased the tickets of sleeper Class in train No. 2321, which was issued in wait list. Complainant got the information that if requisite number of applications are not received for allotment of berth in emergency quota then the general passengers can get allotment in said quota by making appropriate application to Assistant Commercial Manager of Railway. On this information on 23.12.2007. the complainant went to the Office of Bhagwan Singh. Complainant first contacted appellant and as per the direction he met Bhagwan Singh and asked him for allotment of berths. Bhagwan Singh told him that he would be in a position to allot berth only in A.C. Class. He advised him to get another ticket of AC-Class and come by 02:00 p.m. for allotment of the berth in emergency quota. Bhagwan singh further raised a demand of Rs. 1,000/- and A.C. ticket. Since, the complainant was not keen to enough to give illegal gratification to the appellant, as a result of which he made a complaint dated 23.12.2007 to superintendent of Police Jabalpur. The S.P. (C.B.I.) has instructed Pannir Selvam, Inspector to act as a Trap Laying Officer.