S. K. KAPUR, J. :- The case of the prosecution admits of statement in a very moderate compass, I proceed to state the same. Mohinder Lal Bagai, appellant, was charged under Section 5(2) read with Section 5(I)(d) of the Prevention of Corruption Act and Sec. 161 of the Indian Penal Code and was convicted by the learned special Judge, Delhi, on both the charges, by judgement, dated August 8, 1967. He was sentenced to three years' rigorous imprisonment and a fine of Rs. 2,000 under Section 5(2) read with Section 5(1)(d) of the prevention of Corruption Act and three year's rigorous imprisonment under Section 161, Indian Penal Code. The two sentences were to run concurrently. He was to suffer a further six months' rigorous imprisonment for default in payment of fine.

2. The substance of the charge against the appellant is that on March 24, 1966, while a public servant working in the capacity of Demolition Inspector (Building) under Municipal Corporation, Delhi, he obtained illegal gratification of Rs. 800 and of a cheque for Rs. 1,000 from Suresh Kanwar of Messrs. United Motor Agency, Kashmere Gate, Delhi, as a reward for having demolished on January 22, 1966 an unauthorised cons