M.M.Aggarwal, J.

1. Appellant Niranjan Singh was convicted by Special Judge, Patiala, vide order dated 15.12.1993 for offence under Section 5(2) of of the Prevention of Corruption Act, 1947 and was sentenced to undergo RI for four years and to pay fine of Rs. 500/-. In default of payment of fine to further undergo RI for three months.

2. The facts of the case are that Niranjan Singh was posted as Peon in the Court of Shri M.L. Singal, (now retired Honble Judge of this Court) then Additional Sessions Judge, Patiala. On 22.6.1987 Kapur Singh resident of village Dugal had made complaint before Shri M.L. Singal that an appeal titled as Sital Singh and others v. Gurbhal Singh was pending in his Court and Niranjan Singh accused-appellant who was a peon had called him 15 days prior to the decision in the appeal. He had demanded Rs. 15,000/- for getting a favourable decision in the appeal. At that time, he was accompanied by one Dalip Singh son of Bakhtaur Singh of his village. That amount of Rs. 15,000/- was paid to accused Niranjan Singh. However, the appeal was decided on 22.1.1987 against him. Then he had approached Niranjan Singh for return of the amount, which was not returne