JAGANMOHAN REDDY, J. :- The accused has been charged for offences under Section 161 of the Indian Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act (Act II of 1947) (hereinafter called 'the Act'). The Special Judge did, dot record any finding under Section 161 of the Indian Penal Code but convicted the accused under Section 5(1)(d) read with Section 5(2) of the Act with the aid of the presumption under Section 4(1) of the Act and sentenced him to rigorous imprisonment for one year and a fine of Rs. 100/-.

2. The Appellant is an Assistant Draughtsman in the Southern Railway in the office of the Executive Engineer, Guntakal. P.W. 1, C.V. Naidu, had obtained a contract from the Southern Railway for construction of a platform in Gooty, of the value of rupees three lakhs. The accused, who was deputed in the first week of February 1961, supervised the construction work from 10-4-1961 to 29-4-1961, He was relieved on 6-5-1961 and was working at Guntakal from 9-5-1961. It is admitted in evidence that between 9-2-1961 and 9-4-1961 he was supervising other works. It is the case of the prosecution that this accused along with one K.A. Viswanatha