Judgment

VAIDIALINGAM, J.: - This appeal, by special leave, by the accused, is directed against the judgment and order dated March 11, 1970 of the High Court of Punjab and Haryana dismissing Criminal Appeal No. l138 of 1968 and confirming his conviction under Section 5 (1) (d) of the Prevention of Corruption Act, 1947 (hereinafter to be referred as the Act) as also the sentence of rigorous imprisonment for one year and the fine of Rs. 100/- imposed on him for the said offence. There is a direction that in default of payment of fine, the appellant has to undergo rigorous imprisonment for one month.

2. The prosecution case as placed before the special Judge, was as follows: The appellant at the material time was Loco Inspector, Locoshed, Jullundur city. One Sutlej Co-operative Society had obtained contract for the clearance of cinder coal and ash from the fire pits of the railway yard of Jallundur city. Jagira, P. W. 2, was the representative of the Society supervising the work of clearance of coal. The appellant was frequently complaining about the performance by P. W. 2 of his work and further threatened to report about his conduct to the railway authorities. P. W. 2, got the impression that the appellant s object in so harassing him was that he wanted money to be paid to him as bribe so that he may not take further action in the matter. On May 18, 1968, the date of the incident. Inspector Chandrabhan P. W. 1 of the Special Police Establishment had come to Jallundur and was staying in the Railway Subordinate Rest House. P.W.2 contacted him and complained to him about the attitude of the appellant. P. W. 1 recorded his statement Ex. P. A and arranged to lay a trap for that purpose and in that connection contacted Warvam Singh and Madan P. Ws. 3 and 4, who were working as Inspectors in the Post Office at Jallundur city. In their presence P. W. 1 took two ten rupee currency notes from P. W. 2 and after noting their numbers and treating them with Phenenolpthalein powder handed them back to P. W. 2 with instruction to pay the same to the appellant and to give a required signal. P. W. 2 along with the police party comprised P. W. 1 and P. Ws. 3 to 5 reached the Parcel Office at about 5.30 or 6 P. M. and on seeing the appellant coming out from the Parcel Office, P. W. 2 was allowed to proceed further to meet him while the others stood behind. The appellant and P.W. 2 after greeting each other went to a pan shop nearby and after purchasing pans proceeded further. At that time P. W. 2 gave the two marked ten rupee currency notes to the appellant, who received the same and put it in the pocket of his bush-shirt. P. W. 2 gave a pre-arranged signal on which the police party came there and on searching the accused, the marked currency notes were recovered from the pocket of his bush-shirt. P. W. I took the appellant along with P. Ws. 2 to 5 and after his hand was dipped in a chemical solution, it turned pink P. W. 1 after preparing the seizure and recovery memos registered a case against the appellant receiving illegal gratification. After obtaining the necessary sanction, the appellant was prosecuted for having obtained from P.W.2 sum of Rs. 20/- as illegal gratification by corrupt and illegal means and by abusing his post as a public servant. He was accordingly charged with an offence under Section 5 (1) (d) of the Act punishable under Section 5 (2) of the Act.

3. The accused denied the offence and also refuted the allegation that he ever demanded from P. W. 2 any bribe. He further stoutly denied having received any amount as bribe from P. W. 2. He pleaded that he had been falsely involved in the case at the instance of certain representatives of the Railway Men s Union, namely, Gurubax Singh,Trikha and Sehgal. According to the accused he was going to the bazar, on the day in question at about 5.15 P.M. when P. W. 2 tried to plant the currency notes in his pocket but he flung it back straight in his face. He made a report to the police chaw