( 1 ) THIS criminal Appeal is directed against the judgment/order dated 19-8-76/20-8-76 of the learned Special Judge, Delhi by which he convicted the appellant under Section 161 of the Indian Penal Code and under Section 5 (2) read with Section 5 (l) (d) Prevention of Corruption. Act, 1947 (hereinafter called the Act, and sentenced him to Rigorous Imprisonment (Rl) for one year under first count and a similar sentence with finis of Rs. 100 or in default to suffer further Rl for one month under the second count. The substantive sentences of imprisonment were made to run concurrently.

( 2 ) THE prosecution case is based upon a complaint made by Rajesh PW7 to the Superintendent of Police, CBI, Kota House, New Delhi. He stated in the complaint as follows: "i am running my philately business for the last about 3 years. On 22nd July, 1974 my house No. A-45, East of Kailash, New Delhi-24 was searched by Shri Ram Saran Malik, DSP Economic Offences Wing, Jam Nagar House, New Delhi. After the search I was arrested and was bailed out on 25th July, 1974 by the court. The DSP had come to my house in a jeep which was driven by Shri Ram Avtar, driver (appellant in this appeal ). A