Mukerji, J.

[1] Mahfooz Ali, the appellant, was charged under Section 5 (2) of Act 2 of 1947, for having committed "criminal misconduct" on 11-10-1949, by abusing his position as a head constable, for the purpose of deriving from one Shivlal pecuniary advantage to the extent of Rs. 20 for himself by illegal and corrupt means. The learned Additional Sessions Judge of Agra convicted the appellant on the aforesaid charge and sentenced him to undergo two years' E. I. and a fine of Rs. 200, in default of payment of fine the accused was ordered to undergo further rigorous imprisonment for six months. The appellant has preferred the aforesaid appeal from his conviction.

[2] The facts giving rise to his conviction briefly put were these.

[3] The appellant, Mahfooz Ali, was posted as a head constable at the Idgah outpost in the City of Agra at the time when he is alleged to have committed the offence with which he was charged and for which he was convicted. The complainant in this case was one Shivlal.

[4] Shivlal is alleged to have len a sum of Rs. 150 under two promissory notes--one of Rs. 100 and the other of Rs. 60. Shivlal wanted his money back from Susa, which Susa was not repayi