Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted under S. 161 I. P. C. and S. 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act and sentenced to rigorous imprisonment for one year and a fine of Rs. 250 on each count.

2. The appellant had been convicted by Special Judge but on appeal by the State to the High Court the High Court reversed the judgment of acquittal and convicted the appellant as indicated above. According to the prosecution the appellant is said to have struck a bargain for taking a bribe of Rs. 125 which he received on the 15th of July, 1968 in the presence of P. Ws. 1 and 3. On receiving the signal the raiding party appeared on the scene and the hand of the accused was dipped in water containing phenolphthalein solution which showed that he touched the notes. The defence of the appellant was that the never demanded any bribe and that the notes were thrust into his pocket. It is not necessary for us to dwell on the merits of the case because, in our opinion, the appeal must succeed on a short point of law, raised by Mr. A. N. Mulla, learned counsel for the appellant. It was argued that the sanction under S. 6 of t