JUDGMENT

C.K. THAKKER, J.—

1.The present appeal was filed by appellant Girja Prasad (since deceased) against the judgment and final order passed by the High Court of Madhya Pradesh, Jabalpur on April 17, 2002 in Criminal Appeal No. 1070 of 1989. By the said judgment, the High Court set aside an order of acquittal recorded by the II Addl. District & Sessions Judge, Jabalpur on March 15, 1989 in Special Criminal Case No. 40 of 1985 and convicted the appellant for an offence punishable under Section 161 of the Indian Penal Code (IPC for short) and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and ordered him to undergo simple imprisonment for four months and to pay fine of Rs.200/- for the offence under Section 161, IPC. No separate sentence, however, was awarded to him for offence under the Prevention of Corruption Act.

2.Shortly stated, the facts are that the appellant (Girja Prasad) was working as Lower Division Clerk (LDC) in the Office of Divisional Ayurved Chikitsa Adhikari, Jabalpur Division, Jabalpur. It was the case of the prosecution that on September 20, 1983, Ramanarain Rajoria, Divisional Ayurved Chikits