( 1 ) THE learned Special Judge, Delhi, by his order date 2nd September, 1964, convicted Kharaiti Lal, Assistant Sub Inspector of Police under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act and section 161 of the India Penal Code and sentenced him to one and a half years rigorous imprisonment on each count and in addition to the payment of a fine of Rs. 1000. 00 or in default to suffer rigorous imprisonment for another period of four months under the first court. Both the substantive terms of imprisonment were made to run concurrently. The convict appeals.

( 2 ) THE prosecution story may briefly be stated. Bed Ram (P. W. 1.) is running handloom factory and also living inplots Nos. 16 and 17 in the area of Pratap Bagh, Delhi. In the year 1953 a theft took place in the store room of these premises. The matter was reported to the Roshan Ara police. Kharaiti Lal accused appellant, who was posted at the said police station, during the investigation noted the particulars of the complainant s workmen and relations. The latter in order to avoid harassment to his employees and relations paid Rs. 100. 00 as illegal gratification to the accused-appe