Judgment

CHANDRACHUD, J. :- In this appeal by special leave the question for consideration is whether the concurrent finding of guilt recorded by the learned Special Judge, Jaipur and the High Court of Rajasthan is in accordance with law and the evidence in the case. The appellant has been convicted under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act. 1947, as also under Section 161 of the Penal Code. He has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/- on each count.

2. The complainant Umashanker is a cleaner in the Loco Shed. Kotah. The appellant was working at the material time, as a clerk in the office of the Loco Foreman, Western Railway, Kotha, one of his duties being to process applications made by a certain class of employees for advances for the Provident Fund Account. On April 8, 1966, the complainant presented an application to the appellant asking for an advance of Rs. 150/- from his Provident Fund Account. It is alleged that the appellant refused to accept the application unless the complainant agreed to pay to him a gratification of Rs. 15/-. On April 10, the complainant approached a Vigilance