Judgement

RAMASWAMI, J. : The appellant was tried for offences under S. 161, Indian Penal Code and S. 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act by Special Judge, Anti-Corruption, Lucknow who by his judgment, dated January 8, 1962 convicted the appellant and sentenced him to three years rigorous imprisonment and a fine of Rs. 2,000. In default for payment of fine the appellant was further ordered to undergo rigorous imprisonment for one year. The appellant preferred an appeal to the Allahabad High Court, Lucknow Bench, which dismissed the appeal by its judgment, dated March 20, 1964 and affirmed the conviction and sentence imposed by the Special Judge upon the appellant. This appeal is brought, by special leave, from the judgment of the Allahabad High Court, Lucknow Bench.

2. The appellant was employed as Assistant Director Enforcement, Government of India, Ministry of Commerce at Kanpur and used to deal with matters regarding the cancellation of licences of cloth dealers at Kanpur. On or about September 5, 1951 the appellant received a confidential letter, dated August 30, 1951 from the District Magistrate, Kanpur. On the same date the appellant called one Ram