Judgment

MATHEW, J.:- This is an appeal, by special leave, from the judgment of the High Court of Delhi confirming the conviction of the appe1lant for offences under S. l6l, Indian Penal Code, S. 5 (l) read with S. 5 (2) of the Prevention of Corruption Act, 1947 and S. 420, Indian Penal Code, by the Special Judge, Simla, and sentencing him to rigorous imprisonment for a period of one year.

2. The prosecution case was as follows. In April, 1964, the accused was posted as a patwari in balca Namhol. Village Pohani falls in that balca. Sudama Ram (PW-l) used to cultivate some land in village Pohani as a tenant under Gujjar (PW-8), who was a gair-maurusi-awal of that land. In the girdawri for Kharif, 1963, the entry about the cultivation of the land was in the name of Sudama Ram. At the time of girdawri of Rabi, 1964, Sudama Ram was not present in the village. When Sudama Ram returned about five days after the girdawri he was told by Nand Lal (PW-2) and others that Gujjar had been shown in the girdawri for Rabi 1964, as being in cultivating possession of the land. Sudama Ram then went to the accused and told him that the entry in the girdawri should be in his name as he had cultivated the