S. L. Talati, J. :- The appellant is Junior Engineer working in Sub-Divisional Office (Telephones) in Ellisbridge, Ahmedabad. The learned Special Judge convicted the appellant for the offence punishable under S. 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947 and also for the offence punishable under S. 161 of the Indian Penal Code and sentenced him to suffer R.I. for two years and to pay a fine of Rs. 500/- in default to suffer further R.I. for one month on each count. The substantive sentences are ordered to run concurrently. The appellant has challenged his conviction and sentence by filing this appeal.

2. The prosecution case shortly stated is as under : -

There is Federal Bank Ltd. which is a scheduled bank and it had a branch in National Chambers on Ashram Road at Ahmedabad. They wanted to shift their premises and go on the opposite side on the same road. The premises to which they were going to shift are situated near Ashok Karnavati Hotel. This was to be done some time in the month of May, 1980. Now the bank had a telephone o.78133 and also the Telex machine which was given No. 343. Now in due course they had applied and it appears that ulti