P.N.YADAV, J.

1. The appellant was convicted under Section 161 of the Indian Penal Code (hereinafter referred to as the Code) as well as under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act (hereinafter referred to as the said Act) and he was sentenced to undergo rigorous imprisonment for one year under the first count and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for six months under the second count, both the substantive sentences, having been ordered to run concurrently.

2. The prosecution case, as unfolded in the first information report and the evidence of the prosecution witnesses was, in brief, as follows :

The appellant was a public servant working as Head Assistant in the office of the Superintending Engineer, Rural Engineering Organisation, Boring Canal Road, Patna during the relevant period of time. The complainant Braj Bihari Mishra (PW 14) was an unemployed youth. As he did not get employment he decided to become a contractor. He approached the appellant for getting his name registered as a contractor. The appellant, who dealt with