SHEEMA ALI KHAN, J.:–The appellant has been found guilty and convicted under Section 161 of the Indian Penal Code and under Sections 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act to undergo rigorous imprisonment for one year for each of the offences and to pay a fine of Rs. 10,000/-.

2. The prosecution case is based on the written complaint filed before the Commandant of B.M.P.-6, Muzaffarpur by Tejan Singh (PW 3) in which it has been stated that while the appellant was posted as Bodyguard of the D.I.G, Muzaffarpur, he had taken Rs. 8,000/- from his nephew, Vijay Singh and had promised to get him a job as a Havildar. When the appellant failed to secure a job for his nephew, his nephew demanded back the money, whereupon it is said that the appellant told him that he had already paid the money to the D.I.G., Muzaffarpur. However, he had promised to return the money in installments. The appellant had supposedly paid a sum of Rs. 200/- to Vijay Singh. Later on, he refused to make any other payment. It is also said that a Panchayat was held to resolve the matter between them which however, was not successful. On the basis of the aforesaid written report, the matte

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