Judgment

FATHIMA BEEVI. J.:- This appeal is directed against the judgment dated 27-10-1979 of the High Court of Madras confirming the conviction of the appellant under Section 161, I.P.C. and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act. The appellant had been sentenced to undergo R.I. for 15 months under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act with no separate sentence under Section 161, I.P.C. The brief facts of the case are as under:-

The appellant, Sunderamoorthy was an Account-cum-Headclerk in the Tamil Nadu Forest Training School at Vaigai Dam. He took charge of the office on 6-10-1975 and had been residing in a house opposite the training school. PW-3, the Principal of the training school issued Ex.P-2 show cause notice to the PW-1, Venkataswamy, the canteen contractor, as to why his licence for running the canteen should not be cancelled. This was on the. basis of a complaint made by the appellant that the food served in the canteen was substandard. The appellant had taken food in the canteen for two days and being dissatisfied discontinued the practice before the notice was issued. The prosecution case is