Judgment

GUPTA, J. :- On January 19, 1970 the appellant who at the appellant who at the material time was posted as Sectional Officer at Dhaipai Section of Ferozepur Division of Sirhind Canal, Incharge of Roman Minor Distributory, was convicted by the special Judge, Faridkot, under Sec. 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code and sentenced on the first charge to rigorous imprisonment for one year and a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for another six months, and on the second count to rigorous imprisonment for one year. Both sentences were directed to run concurrently. His appeal to the High Court having failed, the accused has accused has preferred the present appeal by special leave challenging the order of conviction.

2. The prosecution case is as follows: The fields of village Mattused to be irrigated from Romana minor distributary. On may 13, 1969 at 7.15 P. M. Ajaib Singh (P. W. 5) had has turn of water from the distributary which was to continue for five hours. According to Ajaib Singh, at about 8.30 P. M. the flow of water stopped. Next morning at 8.15 A. M. the water again started flowing and Ajaib Singh resumed irrigating his fields. A few minutes later the appellant came to Ajaib Singh and informed him that the outlet had been damaged and told him to name the person responsible for the breach or he would report him (Ajaib Singh) to the police, adding that in case Ajaib Singh paid him Rs. 1500/- no action would be taken. Ajaib Singh denied that he had damaged the outlet but as the appellant seemed firm on making a report against him, he agreed to pay. The appellant then left the place. Ajaib Singh after taking his turn of water till 1.15 P. M. went back to his house and had a talk with Nand Singh (P. W. 10) of his village. Nand Singh did not suggest any thing to help him but told him to do whatever he thought best. Next day Ajaib Singh again saw Nand Singh and asked for his advice; Nand Singh then advised him to report the matter to the Vigilance Inspector at Bhatinda. This was on May 15, 1969. On May 16, Ajaib Singh saw the appellant at Dhaipai Rest House and "settled the bargain at Rupees 1000/-." The appellant asked Ajaib Singh to be present with money on the canal bridge at about 7 P. M. the same day. Ajaib Singh came back, collected Rs. 1000/- from his house, went to village Sarawan where he saw Buta Singh (P. W. 8), told him all about the demand made by the appellant and asked Buta Singh to accompany him to Bhatinda to lodge a report with the Vigilance Inspector. They met Vigilance Inspector Shiv Narain (P. W. 12) at his office at about 4.30 P. M. when Ajaib Singh made a statement narrating the entire story. Inspector Shiv Narain initialled four of ten currency notes of the denomination of Rs. 100/- each which Ajaib Singh was carrying with him. Thereafter Ajaib Singh, Buta Singh, Inspector Shiv Narain, Sub-Inspectors Gurchetan Singh and Parmanand by a jeep which Shiv Narain hired at Bhatinda toward the canal bridge. They went via village Sarawan where the constable was made to get down and one Amar Singh (P. W. 9) joined the raiding party. The jeep was stopped at a distance of about one furlong from the bridge. It was then about 7 P. M. Ajaib Singh and Buta Singh got down, went up to the canal bridge and waited for the appellant who arrived there on a cycle after about half an hour. They walked together for a short distance before Ajaib Singh handed over the ten currency notes that he had brought with him to the appellant which the appellant put in the left pocket of his trousers. It was then that Inspector Shiv Narain along with the two Sub- Inspectors appeared at the spot and on seeing them the appellant put his hand in his left trouser pocket and tried to bring out the money. Inspector Shiv Narain caught hold of the appellants left hand clutching the currency notes. The appellant was then put under arres