The Judgment of the Bench was delivered by Sharfuddin Ahmed, J.

-The question that has been referred to us viz., ‘Whether the conduct of the accused can be taken into consideration when the crime is committed in the presence of the Police’ arose in Criminal Appeal No. 580 of 1965 before our learned brother Mohamed Mirza, J. The learned Judge felt that there was no direct case on the point and therefore referred it to the Bench. The facts necessary to appreciate the contentions on either side may briefly be stated.

The appellant in Criminal Appeal No. 580 of 1965 was working as Station Superintendent, Vijayawada, Southern Railways at the relevant period. On 21st June, 1964 he demanded and accepted a sum of Rs. 100 from one of his subordinates as illegal gratification for having posted him to Outward Parcel seat and for retaining him in that capacity. It was stated that P.W. 1, Senior Assistant Parcel Clerk in the Parcel Office, Vijayawada Railway Station was working in that capacity for 2½years. He was formerly in-charge of loading and unloading parcels on and from station platform. He had been working in the Outward Parcel seat since 20th May, 1964. The posting was done by th