Judgment.-The appellant K.S. Subramanys. has been convicted by the Special Judge, Bangalore, in C.C.No. 7 of 1972 for having committed the offence specified in section 5 (1) (a) punishable under section 5 (2) of the Prevention of Corruption Act, 1947 to be hereinafter referred to as the Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000 and in default to undergo further rigorous imprisonment for six months. He has, in this appeal, challenged the conviction and sentence.

2. The appellant was during the period between November, 1968 and 17th November, 1970 working as a senior clerk in the purchase department of the Indian Telephone Industries Limited, Bangalore, (to be hereinafter referred to as the company). As Senior clerk he was, it is said and that is not in dispute required to do the following duties:

“(1) follow up the orders placed by the Company to the suppliers and see to it that supplies are made by the concerned suppliers;

(2) in case of rejection of materials supplied by the suppliers to get the rejected goods replaced or to get the. value thereof refunded by the suppliers;

(3) to link up the bills of the suppliers to the payments

Click Here to Read the rest of this document