JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against a judgment of the High Court of Delhi upholding the conviction and sentence of the appellant under Sec. 5 (2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act and Section 161, Penal Code. The facts are these:

2. On 16-1-1970, Ramesh alias Kaka (PW 1), Mst. Maya (PW 2) and Jayna (PW 8) went to the Railway Station to receive one Mst. Mumtaz, who was expected from Bombay by 1.45 p.m. train. Finding them loitering there, a constable of the Railway police took them to the appellant at the Railway Police Post where he was posted as an Assistant Sub-Inspector. The appellant gave a beating to Ramesh and demanded an explanation as to why they had come to the Railway Station. Ramesh said that they had come to receive one Mst. Mumtaz, who was expected from Bombay by train at about 1.45 P.M.The appellant questioned if Mumtaz was being brought to Delhi for prostitution. Ramesh and his companions refuted the insinuation and informed the appellant that Mumtaz was a dancing girl and not a prostitute. The appellant then demanded a bribe of Rs. 100/- from Ramesh and party, warning that in the event of non-payment, th