JUDGMENT

BHAGWATI J.:—The appellant and one Ram Narain were tried by the Sessions Judge, Kotal for offences under Section 161 of the Indian Penal Code and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947. The appellant was, at the material time a clerk in the Land Record Office entrusted with the duty of furnishing certified copies of entries in land records while Ram Narain was a peon working in that office. The charge against the appellant and Ram Narain was that on or about 31st March, 1967, the appellant obtained through Ram Narain by corrupt and illegal means a sum of Rs. 10/- from Dhanna Lal as gratification, other than legal remuneration, as a motive or reward for issuing early copy of entries in the land records relating to the land of Dhanna Lal for Samvat years 2010 to 2013. The appellant and Ram Narain were both convicted by the learned Sessions Judge and each of them was sentenced to suffer one year rigorous imprisonment and to pay a fine of Rs. 100/- or in default of payment of fine to undergo rigorous imprisonment for a further period of one month. The appellant and Ram Narain both preferred an appeal in the High Court of Rajasthan a