Judgement

P. JAGANMOHAN REDDY, J:- This is an appeal by special leave against the judgement of the Rajasthan High Court. The accused was initially charged on three counts, firstly, under section 5 (2) read with section 5 (1) (c) of the Prevention of Corruption Act 1947 (hereinafter referred to as the Act ), secondly, under section 409, I.P.C., and thirdly, under section 477A, I.P.C. Thereafter on 15-1-1964 another Special Judge charged him on two counts, namely, under section 5 (2) read with S. 5 (1) (c) and S. 5 (2) read with Section 5 (1) (d) of the Act. After the trial, the appellant was, however, convicted under section 409, I.P.C. and section 5 (2) read with section 5 (1) (c) and (d) of the Act and sentenced to rigorous imprisonment of 18 months and a fine of Rs. 250/- under Sec. 409, I.P.C. and 18 months rigorous imprisonment and a fine of Rs. 250/- under section 5 (2) read with sections 5 (1) (c) and 5 (1) (d) of the Act. The sentences on both these counts were directed to run concurrently. The High Court, however, thought that the Special Judge had not recorded any conviction under section 5 (1) (d) of the Act and in that view confirmed the conviction and sentence of the a