Judgment

Tarun Chatterjee, J.—This appeal is directed against an order of conviction and sentence recorded against the appellant under section 161 of the Indian Penal Code (in short “IPC”) and section 5(2) of the Prevention of Corruption Act (in short “the Act”). The appellant was tried by the Special Judge (Vigilance) North Bihar, Patna. For each of the two offences as indicated above for which the appellant was convicted, he was sentenced to undergo imprisonment for one year which will run concurrently. This conviction of the appellant was maintained by the High Court in appeal.­

2. The only question that arises for our consideration in this appeal is whether on the evidence and materials on record, the con­viction and sentence recorded against the appellant are justified or they require to be set aside?

3. Briefly stated, the facts of the case giving rise to this appeal before this Court may be enumerated in the following manner:

4. On 25th of June, 1985, Harendra Kumar Singh, the complainant (PW6) filed an application (Exhibit 8) alleging that the appellant who was, at the material point of time, posted as an Assistant Electrical Engineer, Electric Supply Sub-division No. 3, Patna