JUDGMENT

R. M. SAHAI, J.:- The appellant was Head Master of a Government high school. He was tried for accepting an illegal gratification from a teacher of the same school for showing favour in signing a bill relating to the arrears of his salary. The special Judge after considering the evidence led on behalf of prosecution held the appellant to be guilty for offence under S. 5(2) of Prevention of Corruption Act and S. 161 of the Penal Code. He was convicted and sentenced to rigorous. imprisonment for two years under both the counts which were to run concurrently. A fine of Rs. 500/- was also imposed on him. In appeal the substantive sentence of imprisonment on both the counts was reduced to one year R.I. which were to run concurrently. The fine was maintained.

2. The High Court found that the witnesses who were associated in the conduct of the raid for recovery of tainted money from the appellant could not be termed as independent who could be associated with such raids. The High Court further expressed doubt about veracity of the witness who claimed that money was actually handed over in his presence. The High Court, however, drew an adverse inference against the appellant from the