H. C. P. TRIPATHI, J.

( 1 ) APPELLANT Gopal Krishna has filed this appeal against his convictions under Section 161 I. P. C. and under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act recorded by the Special Judge, Aligarh. Appellant has been sentenced to one years rigorous imprisonment for each of the two offences, and, both the sentences have been directed to run concurrently.

( 2 ) IN May 1961 the appellant and one Mangal Sen were posted as Marketing Inspector and senior Marketing Inspector respectively at Aligarh and in their capacity as such public servants, they used to check the accounts or stocks of the licencees of foodgrains for ensuring the proper observance of the provisions of the U. P. Foodgrains Dealers Licencing Order, 1959. Both of them were prosecuted for having committed offences under Section 161 I. P. C. and the appellant was also charged under Section 5 (i) (d) read with Section 5 (2) of the Prevention of Corruption act (Act II of 1947) while Mangal Sen was further charged under Section 165-A, I. P. C. and were tried together by the learned Special Judge of Aligarh who gave benefit of doubt to Mangal sen but convicted the appellant

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