Judgment

UNTWALIA, J.:- This is an appeal by special leave. The appellant along with one Vikram Singh was convicted by the Special Judge, Sikar under Section 161 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 500/-. The appellant was further convicted under Section 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act, 1947 - hereinafter called the Act. But no separate sentence was awarded to him under this count. Both of them filed appeal in the Rajasthan High Court. The appeal of Vikram Singh was allowed by the High Court. His conviction and sentence were set aside. It has, however, maintained the conviction of and the sentence imposed upon the appellant.

2. The case against both the accused was initiated on report Ext. P-7 lodged by complainant Mohan Lal, P.W. 11 on 4-6-1963. before the Superintendent of Police, Anti-Corruption Department, Jaipur , Mohan Lal at the relevant time was the Secretary of the Gram Sewa Sahakari Samiti, Dadia. In the complaint it was alleged by Mohan Lal that in the month of January, 1963 he handed over charge to P.W. 7, Bhuraram, Chairman of the Samiti, and proceeded to Sik