Judgment

DESAI, J.:- In this case, the appellant Banshi Lal Yadav was convicted by learned Special. Judge for having committed an offence under S. 161 of the Indian Penal Code and S. 5 (1) (d) read with Section 5(2) of the Prevention of Corruption Act and was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rupees 500/- and in default, to suffer further rigorous imprisonment for six months on each count. The appellant filed Criminal Appeal No. 223 of 1978, in the High Court of judicature at Patna.

2. At the hearing of the appeal, the learned Judge first referred to the statement of the appellant recorded under Section 313 of Criminal Procedure Code at the conclusion of the trial. In this statement the relevant portion relied upon by the High Court may be extracted :

"On 14-12-1973, I alone came out from my office at 5.00 p. m. and proceeded towards north at the gate of Apsara Cinema. Naushad all of a sudden appeared before me. He thrust money in my pocket and within no time the C. B. I., personnel arrested me without asking explanation. The C. B. I. people got seated in the car and took me to C. B. I. office situate on Boring Canal Road."

3. After referring