( 1 ) THIS is an appeal by the State against the decision of the learned Special Judge acquitting the accused of a charge for the offence of criminal misconduct in discharge of offcial duty punishable under Section 5 (2) of the Prevention of Corruption Act. The appeal was originally heard by a Division Bench consisting of two of us, namely. Hardy and Deshpande JJ The arguments at the Bar before the Division Bench were limited only to the aspects of the case which were dealt with in the judgment of the learned Special Judge under appeal. In writing the judgment, however, the Division Bench had to consider several other aspects of the case including the following questions of law :- " (1) what is the precise nature and effect of the presumption raised by section 4 (1) of Prevention of Corruption Act ? (2) Whether the High Court can convict the respondent under sections 161 and 165, Indian Penal Code, though he was acquitted by learned Special Judge of the Charge purported to have beenframed against him only under section 5 (2) of the Prevention of Corruption Act ? (3) Whether the sanction to prosecute parporting to be under section 6 (1) (e) of the Prevention of Corru