Judgment

RANGANATH MISRA, J.:- This appeal is by special leave and the affirming judgment of the Punjab and Haryana High Court upholding the convictions and sentences of the appellant under S. 5(2) of the Prevention of Corruption Act and S. 161 of the Penal Code is sought to be set aside.

2. The appellant was a clerk in the Personnel Branch of the Divisional Superintendent, Northern Railway at Firozpur. One Gurcharan Ram, a fitter in the railway establishment had become liable to penal rent in respect of the official residence occupied by him. The prosecution alleged that the appellant demanded a bribe of Rs. 100/- from Gurcharan Ram to obtain an order of waiver of the penal rent. Gurcharan Ram pleaded that he was not in a position to pay the amount demanded and it was ultimately settled that the sum of Rs. 100/- would be paid in five instalments of Rs. 20/- each. With reference to the payment of the first instalment a trap was arranged and soon after the bribe of Rs. 20/- had been received, the trap party recovered the amount. The defence was one of total denial.

3. Two outsider witnesses had been examined in the case being Khazan Singh and Ram Chander in support of the case. Khazan