JUDGMENT

D. A. DESAI, J.:— Appellant Kishan Chand Mangal was convicted by learned Special Judge (A. C. D. Cases), Jaipur, Rajasthan, for having committed offences under Section 161, Penal Code and S. 5 (1) (d) read with Section 5 (2) of the prevention of Corruption. Act, 1947. and was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 200/-. In default to suffer further rigorous imprisonment for one month on each count with a further direction that both the sentences will run concurrently. After an unsuccessful appeal to tile High Court of Rajasthan, he has preferred this appeal by special leave.

2. Appellant at the relevant time was serving as Factory Inspector, Ajmer and in that capacity he accompanied by his friend paid a visit on Nov. 20, 1974, to the factory named Krishna Industries whose proprietor was one Rajendra Dutt. Appellant said that his visit being after a lapse of one and a half years, the proprietor should pay him pocket money. Rajendra Dutt replied that his establishment was not covered by the Factories Act and showed disinclination to grease the palms of the appellant. However, appellant persisted in his demand and told Rajendra Dutt if he did not pay Rs. 150/- he was likely to be entangled in some legal proceedings. So saying appellant and his companion left Rajendra Dutt was not inclined to give the bribe demanded from him and, therefore, on Nov. 22, 1974, he contacted Dy. S. P., A. C. D., Ajmer, P. W. 7, Mahavir Prasad and gave a written complaint Exhibit P-12 complaining about the demand of illegal gratification by the appellant requesting for taking suitable action in the matter. He also produced 15 currency notes each of the denomination of Rs. 10/-. P. W. 7 Dy. S. P. Mahavir Prasad directed P. W. 3 Prahlad Narayan to bring two persons to witness the search and accordingly P. W. 1 Ram Babu and P. W. 2 Keshar Mat were requested to join the raiding party, 15 currency notes produced by the complainant were smeared with phenolphthalein powder and a memorandum of the same was prepared. The raiding party led by P. W. 7 Dy. S. P. Mahavir Prasad and including the complainant Rajendra Dutt, two motbirs P. W. 1 Ram Babu and P. W. 2 Keshar Mal, P. W. 3 Prahlad Narayan, a Clerk in the Office of the Anti Corruption Department, started by a jeep driven by P. W. 6 Bajrang Singh to go to the residence of the appellant Office and residence of the appellant are situated in the same building, Complainant Rajendra Dutt and the two motbirs Ram Babu and Keshar Mal proceeded ahead and entered into the room used as residential portion of the building. Ram Babu and Keshar Mal stopped in the verandah and the complainant Rajendra Dutt went inside. Appellant was seen sitting on a cot. On inquiry by complainant Rajendra Dutt appellant replied that he was not well and that he was suffering from cold. Appellant then inquired whether complainant Rajendra Dutt had brought the money and the complainant replied that he had brought the money and handed over marked currency notes 15 in number each of the denomination of Rs. 10/- which the appellant accepted and put the same under his pillow. Rajendra Dutt came out in the verandah and as instructed, gave the agreed signal whereupon Dy. S. P. Mahavir Prasad, the two motbirs and others entered the room. Mahavir Prasad introduced himself as Dy. S. P., A. C. D., and asked the appellant whether he had accepted Rs. 150/- as and by way of bribe from complainant Rajendra Dutt. Appellant denied having accepted any bribe or any money from Rajendra Dutt whereupon a search of his person was taken. When the search of the person of the accused was being taken motbirs Ram Babu and Keshar Mal pointed towards the pillow indicating that the bribe taken by the appellant was kept underneath the pillow. P. W. 6 Driver Bajrang Singh was asked to lift the currency notes and the numbers were tallied with the memorandum prepared earlier. Hands of the accused were dipped in the solution o