Judgment

G. K. MITTER

( 1 ) THE appellant was convicted of an offence under S. 5 (1) (d} read with S. 5 (2) of the Prevention of Corruption Act and sentenced to six months simple imprisonment and a fine of Rs. 1,000. 00, in default of payment of fine to further simple imprisonment for six months by the Special Judge, Bidar in Special Case No. 112 of 1963. He appealed to the High Court against the conviction and on the admission of the appeal, the High Court suo motu gave him notice for enhancement of the sentence. Subsequently the State also filed Criminal Petition No. 126 of 1965 for enhancement of the sentence on the ground that under S. 5 (2) of the Act the minimum punishment was to be not less than one year unless the Court for special reasons thought fit to do otherwise. The reasons given by the Special Judge did not appeal to the High Court which dismissed the appeal of the appellant and confirmed the conviction under S. 5 (1) (d ). It reduced the fine of Rs. 1,000. 00 to one of Rs. l00. 00 but increased the sentence under S. 5 (2) of the Act for the offence under S. 5 (1) (d) to simple imprisonment for one year and in default of payment of fine to simple imprisonment for one m