Judgement

FAZL ALI, J.:- This is an appeal by State of M. P. by certificate granted by the High Court of Madhya Pradesh under Art. 134 (1) (c) of the Constitution against its judgment and order dated April 12, 1973 by which the respondent, who was convicted by the Special Judge, Indore, under, Section 420 I.P.C, and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 and sentenced to one year rigorous imprisonment on each count, was acquitted by the High Court. Briefly put, the prosecution case against the respondent was that he was an employee in the Heavy Electricals (India) Ltd, Bhopal, which is a Government company and was working at the relevant time as Personal Assistant to Shri K. C. Rae, Manager, Purchasing & Main Stores of the Company. Mr. Rae was allotted a new Fiat Car at Bombay on priority basis and the respondent and Mr. Rae had arrived at Bombay to Sake delivery of the car on March 10, 1965 and they stayed there till March 13, 1965. Mr. Rae, however, left on the morning of March 13, 1965 directing the respondent to obtain delivery of the Fiat Car on March 14, 1965 and then proceed to Indore. Ultimately the car was brought to Bhopal on Ma