JUDGMENT

R. S. SARKARIA, J.:— The appellant, a Goods Loading Clerk in the Outward Goods Shed, Northern Railway. New Delhi was tried along with one Naresh Chand, an agent of the Birla Cotton Spg. & Wvg. Mills Ltd., Delhi by the Special Judge on charges under Section 120 B, 477-A Penal Code and under Section 5 (2) of the Prevention of Corruption Act. The trial Court acquitted the appellant of the charge of criminal conspiracy, but found him guilty of the other two charges and sentenced him on each of those counts to rigorous imprisonment for one year. A fine of Rs. 200/- was further imposed in addition to the sub-stantive sentence of imprisonment under Section 5(2) of the Prevention of Corruption Act. The sentences were directed to run concurrently.

2. Naresh Chand, the co-accused, was acquitted of all the charges.

3. On appeal, the High Court of Delhi set aside the conviction of the appellant under Section 5(2) of the Prevention of Corruption Act but maintained his conviction and sentence under Section 477-A, Penal Code.

4. Hence this appeal by special leave.

5. The charge under Section 477-A framed against the appellant by the trial Judge, runs as under :

"That you in furtherance of the