JUDGMENT :

Acharya, J. - The Appellant stands convicted u/s 5(2) of the Prevention of Corruption Act, 1947, and sentenced thereunder to undergo R.I. for one year and to pay a fine of Rs. 200/-, and in default of payment to undergo R. I. for six months. He has also been convicted u/s 477-A Indian Penal Code and sentenced to R.I. for six months. The above sentence of imprisonment have been ordered to run concurrently.

2. The prosecution case is as follows:

On 17-6-1964 : when the Appellant was working in the Upper class Booking Counter at the Cuttack Railway Station, he issued two 1st class single journey tickets for two passengers from Cuttack to Vizianagaram by 3 Up Howarah Madras Mail, and collected Rs. 61/- from them for the same. The tickets which were issued in the blank foils were required to be prepared in triplicate in the carbon process; but the Appellant prepared them separately mentioning the sum and the destination correctly in the foil issued to the passengers while in the second and the third copies, respectively known as record foil and accounts foil he mentioned the destination and class as Mancheswar by 2nd class, instead of Vizianagaram by 1st class and the fare was s