Ramabhadran, CJ

[1] The appellant has been convicted, by the learned Special Judge of Mahasu, of an offence under 8, 5 (2) of the Prevention of Corruption Act and sentenced to pay a fine of Rs. 200/-, in default three months' simple imprisonment.

[2] The prosecution story is, briefly, as follows : - The appellant, Bangi Ram, was working as contingent clerk in the office of the Superintendent of Police, Mahasu, in 1950. K. L. Ghosh (who was prosecuted along with the appellant, but acquitted by the learned Judge) was then working as accountant in that office.

It is common ground that three sums of Rs. 145/9/6, Rs. 215/6/- and Rs. 734/B/- were drawn by the appellant from the Imperial Bank of India, Simla, on the basis of contingent bills on behalf of the Superintendent of Police, Mahasu. The first two sums were drawn on 20-6-1950 and the third on 19-7-1950. The amounts were duly entered in the cash book and shown as paid to the accountant for disbursement to the various parties concerned.

Out of the sums so drawn, a sum of Rs. 103/10/6 was meant to be paid to D. D. Mehta, petrol dealer, Sanjauli, as follows;- Rs. 71/2/6 out of the first amount of Rs. 145/9/6, Rs. 8/- out of the s