Judgment

GROVER, J. :- This is an appeal by special leave from a judgment of the Punjab High Court.

2. The appellant Ram Prakash Arora at the material time was the Line Superintendent, Punjab State Electricity Board, Ludhiana. He was tried by the Special Judge on charges under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act and Sections 161 and 165 of the Indian Penal Code. He was convicted on all the counts and was sentenced to rigorous imprisonment for one year and a fine of Rs. 100/- on the first charge and to rigorous imprisonment for one year on the second charge; both the sentences were to run concurrently. He went up in appeal to the High Court but the same was dismissed.

3. According to the case of the prosecution Joginder Singh P. W. 1 had a vegetable shop at Jail Road, Ludhiana. He wanted an electricity connection for his shop. On February 7, 1968 he submitted an application to the Sub-Divisional Officer concerned. According to the rules he was required to file a test report which was duly filed. On February 12, 1968, the appellant went to the shop to see the fittings etc. On February 15, 1968 Joginder Singh and his cousin Dalbir Singh who also appeared as P. W. (2) went to the office of the S. D. O. at about noon time. They met the appellant. According to them the appellant raised certain objections about the fittings etc. and demanded an illegal gratification of Rs. 20/- if the connection was to be sanctioned without delay. Joginder Singh said that he did not have any money with him but the appellant told him that he would visit his shop between 4 and 4.20 p.m. and he could give the money at that time. Joginder Singh and Dalbir Singh decided to report to the police about the illegal demand which was being made. They went to Mit Singh Deputy Superintendent of Police in his office and told him the whole story. Mit Singh recorded the statement of Joginder Singh which was forwarded to the police station where a formal first information report was registered. Joginder Singh and Dalbir Singh did not have even Rs. 20/- with them when they met the D. S. P. Therefore they arranged and produced two ten rupee notes when the latter come to a shop in the neighbourhood of Joginder Singh s shop. The two notes were initialled and their numbers were noted and returned to Joginder Singh. Thereafter Joginder Singh and Dalbir Singh went to their shop whereas the D. S. P. Mit Singh remained in the Ganesh Engineering Works Shop. Another police officer Rajendar Lal who was an Inspector and witness Arjan Singh stood a little distance from the shop of Joginder Singh. The appellant is alleged to have gone to Joginder Singh s shop at about 4.20 p.m. on a bicycle Joginder Singh passed on the currency notes of Rs. 20/- to him. The appellant is alleged to have put them in his purse. Dalbir Singh meanwhile made a signal according to the pre-arranged plan. D. S. P. Mit Singh, Inspector Rajender Lal and Arjan Singh reached the spot. The person of the appellant was searched and the notes in question were recovered. Other articles which were recovered from his person were also mentioned in the memorandum which was prepared. After obtaining sanction the appellant was sent up for trial.

4. Now the prosecution evidence consisted only of Joginder Singh and Dalbir Singh P. Ws. 1 and 2 and D. S. P. Mit Singh, Arjan Singh who are joined in the said was given up. About Arjan Singh a copy of the judgment Ext. DF of the Judicial Magistrate First Class Ludhiana dated July 31, 1968 in another case State v. Tara Singh had been produced. The Magistrate had expressed the opinion that Arjan Singh was a stock witness of the police who admittedly had appeared in 20 to 30 cases as prosecution witness in his Court. Inspector Rajender Lal was also not examined by the prosecution. About him also severe structures had been made by the Magistrate First Class, Ludhiana in his judgment dated February 12, 1957 in a case State v. Smt. Sheila Rani and