Judgment

KAILASAM, J.:- These appeals are by special leave against the judgment of the High Court of Delhi in Criminal Appeal No. 78 of 1967 and Order dated 11th January, 1974 in Cr. Misc. (S. C. A.) No. 80 of 1973.*

* Reported in 1974 Cri LJ 1363.

2. The appellant was charge-sheeted on 26th December, 1963 for an offence under Section 120-B, Indian Penal Code, for entering into a criminal conspiracy with one Sirajuddin and one Rahman to accept from them illegal gratification in the discharge of his official duties. He was also charged with specific offences of accepting Rs. 6,000 and Rs. 4,000 from Sirajuddin and Rehman being offences punishable under Section 161, Indian Penal Code, read with Section 5 (2) and Section 5 (1) (d) of the Prevention of Corruption Act, 1947. He was also charged for the offence punishable under Section 5 (2) read with Section 5 (1) (a) of the Prevention of Corruption Act, that in pursuance of the aforesaid conspiracy, he, during the period from 1955 to 1961 habitually accepted illegal gratifications from the said two co-accused persons. The Special Judge who tried the case acquitted the appellant by the order dated 19th January, 1967 holding that neither th