CHHANGANI, J.—This is an appeal by the accused Parmeshwar Dayal against the order of the Special Judge, Jaipur City, dated 10th November, 1961, convicting him under sec. 161 Indian Penal Code and Sec. 5(2), Prevention of Corruption Act, 1947 and sentencing him to three months rigorous imprisonment and a fine of Rs.100/- under both the counts, and, in default one months further rigorous imprisonment.

2. The prosecution case was that in January, 1960, the accused-appellant Parmeshwar Dayal was in the service of the Northern Railway, discharging his duties as a Time Keepar in the Office of the Permanent Way Inspector, Suratgarh. One Bhagwan Singh, who was working in Gang No. 1, Srivijay Nagar, wanted transfer from that gang and he, therefore, applied to the Permanent Way Inspector, Suratgarh, for his transfer. In connection with that application, Parmeshwar Dayal wanted a bribe of Rs. 40/- from Bhagwan Singh. Bhagwan Singh (PW/2) contacted Mool Singh Gosani, (PW/13) Railway Sectional Officer in this connection. Deputy Superintendent Police Shri Upadhaya was approached by the Railway Authorities and a trap was arranged. The Deputy Superintendent after receiving an application Ex. P. 3 a

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