Judgment

WANCHOO, J. : This appeal is on a certificate granted by the Judicial Commissioner of Ajmer. One Shivji Lal Joshi (hereinafter called the accused) was prosecuted under S. 161 of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act, No, II of 1947. He was convicted by the Special Judge on both counts and sentenced to suffer rigorous imprisonment for a total period of six months. He filed an appeal before the Judicial Commissioner of Ajmer. The appeal was allowed on the ground that the accused was not a public servant, though the Judicial Commissioner agreed with the findings of the Special Judge so far as the facts were concerned. The State applied for a certificate under Art 134 (1)(c) of the constitution to enable it to appeal to this Court. This certificate was granted; and that is how the appeal, has come before us.

2. The facts which have been found by both the courts are these. The accused was a teacher in the railway school at Phulera. Prem Singh who was the complainant was known to the accused for about a year before the incident which took place on 6-10-1954 He was in search of a job and the accused had told him a number of times that he would procu