Judgment

FAZAL ALI, J.:- In this appeal by special leave, the appellant has been convicted under Section 5 (2) of the Prevention of Corruption Act and sentenced to one years R. I. and fine of Rs. 2000/-. He was also convicted under Section 161, I. P. C. and sentenced to one years R. I. The two sentences were directed to run concurrently. The prosecution case has been fully detailed in the judgment of the High Court and the Trial Court and it is not necessary for us to repeat the same over again. It appears that a theft in the godown of the Bank of Patiala had been reported to the Police Station, Solan and the appellant who was the Sub-Inspector incharge of the Police Station took up the investigation on a F.I.R. lodged in this connection by P. W. 3, Budh Ram. The prosecution case was that the appellant conveyed a message to Budh Ram that if he was prepared to pay Rs. 3000/-, the appellant shall try to help him out. Budh Ram agreed to pay this money and it was settled that the appellant would come to Ambala on 19-12-1969 and take the money. Budh Ram, however, informed the vigilance officer at Ambala who organised a raiding party. According to the prosecution, the first stage of the d