Bhawani Singh, J.—This appeal has been preferred by the State of Himachal Pradesh against the order of acquittal passed by the learned Special Judge, Mandi Division, Mandi, in Corruption Case No. 1 of 1983, on September 25, 19&4, acquitting the accused for offences under section 161 of the Indian Penal Code read with section 5 (2) of the Prevention of Corruption Act

2. The case of the prosecution, in brief, is that Chint Ram, a resident of village Malthehar had applied for the grant of Nautor land in March, 1981. In accordance with the procedure and practice, the application went down to the accused who was the Patwari of Patwar Circle, Malthehar.

3. It is further alleged that Shri Chint Ram gave Rs 150 to the accused in order to get a favourable report under the impression that it was customary remuneration of the Patwari. Shri Chint Ram when failed to get a favourable report, contacted the accused again in 1982, the accused then demanded a sum of Rs. 100 as a gratification. Shri Chint Ram had no money and in order to pay the same, he approached one Ramu for the amount, who agreed to pay the same in the presence of Gobind Ram, Pradhan of the village.

4. In this way, on April