Judgment

S. J. IMAM J.: The appellant was convicted under S. 5(2) of the Prevention of Corruption Act and under S. 161 of the Indian Penal Code and sentenced to one year s rigorous imprisonment on each count. The sentences were made to run concurrently.

2. On the facts found by the courts below the appellant accepted Rs. 20 as illegal gratification from one Malekchand who had applied for allotment of a house. The appellant was employed at that time as a clerk in the office of the District Relief and Rehabilitation Office, Meerut. The aforesaid sum of money was accepted by the appellant as bribe with a view to getting a house allotted to Malekchand. There can be no question that, on the facts found, the appellant was guilty both under S. 5(2) of the Prevention of Corruption Act and under S. 161 of the Indian Penal Code.

3. The first point taken was that the investigation had taken place by a police officer below the rank of Deputy Superintendent of Police. Consequently, the investigation had taken place in contravention of the provisions of the Prevention of Corruption Act. The conviction of the appellant was therefore vitiated. This point was taken before the Additional Sessions Judge