These two appeals arise out of challan No. 5 of the Sessions Court file decided by the learned Special Judge Jammu (hereinafter to be referred to as the SJ).

The appellant, Shanti Swarup Malhotra, has been convicted by the Special Judge under S. 5 (2) of the Prevention of Corruption Act and sentenced to one years rigorous imprisonment and to a fine of Rs. 1000/-, in default to undergo further rigorous imprisonment for three months, for having been guilty of criminal misconduct in the discharge of his duty as provided for by S. 5. (1) (d),of the Act.

There are two other cases of a similar nature against the accused, but the learned judge has ordered the sentences in all the cases to run concurrently.

The appellant, Om Prakash, has been convicted under S. 420 Ranbir P. C. and sentenced to two years rigorous imprisonment and to a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for a further period of three months.

2. Put briefly, the prosecution case is that the appellant, Malhotra, was on the relevant date Director of Geology and Mining of the State of Jammu and Kashmir. The office ubmitted a proposal to the appellant for obtaining some tools and machines and accordingly

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