JUDGMENT :

Narasimham, J. - This is an appeal against the judgment of the Special Judge, Bolangir, convicting the Appellant u/s 161 I.P.C. and sentencing him to rigorous imprisonment for one year.

2. Appellant Biranchi Narayan Misra was working as the Orderly Peon of the Taluq Magistrate at Birmaharajpur within Sonepur subdivision of the district of Bolangir from June 1950 to the end of August 1952. One Khetrabasi Mahanti was working during the said period as the Taluq Magistrate 1st class at Birmaharajpur. Both of them were sent up for trial for an offence u/s 5(2) of the Prevention of Corruption Act (Act II of 1947) on the ground that they habitually accepted illegal gratification. Five specific instances of acceptance of illegal gratification were mentioned in the charge, one of which was about their receiving Rs. 65/- from one Pareswar Sethi (P. W. 9). There was also a charge u/s 120B I.P.C. against both the Taluq Magistrate and his orderly peon. The trial was held in the Court of the Special Judge, Bolangir, who acquitted both of them of the charge u/s 120B I.P.C. He also acquitted the Taluq Magistrate of the charge u/s 5(2) of the Prevention of Corruption Act. But so far as the