SARELA, J . :- The appellant in Criminal Appeal No. 486/66, Manshankar Prabhashankar Dwivedi (hereinafter referred to as accused No. 1), was at the relevant time a senior Lecturer at the D. K. V. College, Jamnagar, which is a Government College. The appellant in Criminal Appeal No. 555/66, Vallabhdas Gordhandas Thakkar (hereinafter referred to as accused No. 2) was a legal practitioner taking Income-tax and Sales-tax cases. He also resided at Jamnagar. In April 1964 the Physics Practical Examination for F.Y.B.Sc. equivalent to Inter Science was to be held by the Gujarat University and one of the centres was Surendranagar. The accused No. 1 had been appointed as the Examiner for Physics Practical. It is in respect of that examination that he is alleged to have accepted a gratification of Rs. 500/- other than legal remuneration for showing favour to one candidate Jayendra Jayantilal by giving him more marks in the said examination. It was alleged by the prosecution that he obtained that sum through accused No. 2 on 27-4-1964. Therefore, the charge against accused No. 1 was under S. 161, Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corrupt