INDER SEN ISRANI, J.

( 1 ) THIS criminal appeal has been filed by the appellant against the judgment dated 4. 8. 78 passed by the Special Judge (Anti-Corruption Cases) Rajasthan, Jaipur in Special Criminal Case No. 23/ 75 whereby, the accused appellant bas been convicted under section 161 IPC and sentenced to undergo one years rigorous imprisonment and a fine of Rs. 300/-, in default of payment of fine, to undergo further simple imprisonment for one month. The appellant was further convicted under section 5 (1) (d) read with section 4 (2) of the Prevention of Corruption Act and was sentenced to undergo one years rigorous imprisonment and a fine of Rs. 300/-, in default of payment of fine, to undergo one months simple imprisonment. Both the sentences were to run concurrently.

( 2 ) A verbal complaint was lodged on 9. 1. 1973 at 10. 50 A. M. by Mohamed Umar with the Addi. Superintendent of Police, Anti-corruption Department, Rajasthan, Jaipur. The complainant in his report stated that he was a auto-rickshaw driver of auto-rickshaw No. RSL 8851. On 8. 1. 1973 at about 7. 30 P. M. when the complainant was coming from Moti Doongari Road towards Johari Bazar, at the crossing of