JUDGMENT :- This appeal by Ram Charan Bhatt is directed against an order of the learned Special Judge, Allahabad whereby the appellant was found guilty of the offences under S. 161 of I. P. C. and S. 5 (2) of the Prevention of Corruption Act and was sentenced to undergo R. I. for a period of one year and each of the aforesaid offences. The appellant was further sentenced to pay a fine of Rs. 100 and, in default of payment of fine, to undergo further R. I. for a period of two months. The sentences of imprisonment on the two counts were ordered to run concurrently.

2. The appellant was the Secretary of the Nyaya Panchayat of village Purkhas at the material date. One Balai P. W. 5, a maternal cousin of Bhairodin, P. W. 2, had applied for being granted a loan for the digging of a well in village Benpur Kataiya, P. S. Sarai Aqil. A sum of Rs. 750 was ordered to be advanced as a loan to the aforesaid Balai and a cheque for Rs. 400 as the first instalment of the aforesaid loan was issued to the Block Development Officer, Newada for being handed over to the applicant. Bhairodin, P. W. 2, who was also interested in the aforesaid loan, along with Balai went to the Block Development Officer, Newada on 30-3-1962 for taking delivery of the cheque. The Block Development Officer wanted identification of the applicant either by the Gram Sewak or by the Secretary, Nyaya Panchayat. The Gram Sewak happened to be present at that time but he did not know the applicant and declined to identify him. Balai and Bhairodin, accordingly, went to the appellant who demanded 15 percent, of the amount of the cheque as his remuneration and ultimately the bargain was struck at 10 per cent of the amount of the cheque and the applicant agreed to pay a sum of Rs. 40 to the appellant. The appellant went to the office of the Block Development Officer and identified the applicant. The Block Development Officer handed over the cheque for Rs. 400 to the applicant on 1-4-1962. It was agreed that the appellant will also be present at the time when the applicant will present the cheque for being cashed.

On 3-4-1962 the applicant and the appellant left for Tahsil Chail at Allahabad. Bhairodin, P. W. 2 approached the District Magistrate, Allahabad and apprised him of the fact that the appellant was demanding a sum of Rs. 40 as illegal gratification. Sri Mahabir Saran Das, P. W. 1, the then District Magistrate of Allahabad took four currency notes of the value of Rs. 10 each from the aforesaid Bhairodin and after noting down their numbers handed them over to Sri Shyam Sanehi P. W. 9 the then Dy. S. P. (Complaints), Allahabad and instructed him to accompany Bhairodin and to search the person of the appellant if the sum of Rs. 40 was accepted by him and to submit his report thereafter. Accordingly Sri Shyam Sanehi returned the aforesaid currency notes to Bhairodin with the direction that he should signal to him as soon as payment had been made. Bhairodin went to Tahsil Chail and learnt that the cheque had been encashed. The appellant was also present there along with the applicant. Bhairodin returned from there and informed Sri Shyam Sanehi that the payment would be made at Kedar's hotel opposite the Tahsil compound.

Thereafter he went to the Tahsil Office and in the company of the applicant and the appellant went to Kedar's hotel and paid a sum of Rs. 40 to the appellant. On a signal given by him Sri Shyam Sanehi went inside the aforesaid hotel and enquired of the appellant if he had accepted any sum as bribe. The appellant denied having done so and thereafter Sri Shyam Sanehi searched the appellant's person and recovered from the pocket of the shirt which he was wearing four Government currency notes of the value of Rs. 10 each. The numbers of those notes tallied with the numbers of the currency notes noted down by the District Magistrate. A recovery memo was prepared and the recovered currency notes were initialled by Sri Kulshreshtha and Sri Kali Prasad Srivastava as wi

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