Judgment

FAZAL ALI, J.:- In this appeal by special leave, against the judgment of the Delhi High Court, the appellant has been convicted under Ss. 5 (1) (d) and 5 (2) of the Prevention of Corruption Act read with S. 161, I. P. C. and sentenced to R. I. for one year on each count. The appellant was also sentenced to pay a fine of Rs. 100/- under S. 5 (2) in default R. I. for one month. A detailed narrative of the prosecution case has been given in the judgment of the High Court and it is not necessary for us to repeat the same all over again.

2. We have heard learned counsel for the parties and have gone through the judgment of the High Court and the evidence on record. In our opinion, the appeal must succeed on a short point. The facts leading to the recovery of a sum of Rs. 5/- which the appellant is said to have received as bribe from the complainant is proved beyond doubt and the only question is as to whether or not the appellant gave a reasonable explanation for the recovery of the money from his person. According to the prosecution, the money was paid to the appellant by P. W. 2 as illegal gratification to prevent his shop from being challaned. The complainant was a Khoncha Wal