Judgement

VAIDIALINGAM, J.: - This appeal by special leave, is directed against the judgment and order dated September 18, 1967 of the Delhi High Court confirming the conviction of the appellant for offences under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act,1947 (hereinafter to be referred as the Act) and Section 161 of the Indian Penal Code. The High Court also confirmed the sentence of one year s rigorous imprisonment. In addition to this the Special Judge had imposed a fine of Rs. 500/.; but the High Court reduced the fine to Rs. 100/-. This was the only modification effected by the High Court with regard to the sentence.

2. The case for the prosecution was as follows: The appellant was employed in August, 1965 as Head Constable attached to Hauz Qazi Police Station, Delhi. One Som Nath used to park his rehri in the chowk of Hauz Qazi and sell Kulchey and Chholey. Som Nath had been plying this trade for about 8 or 10 years without payment of the necessary tax to the Municipal Corporation and without taking any licence. The appellant used to harass and threaten Som Nath that unless he paid bribe to him, he will be prosecuted. In particular on August