JUDGMENT

R.K. Chowdhary, J. - This is an appeal by one Jugul Kishore who has been convicted by a learned Special Judge Anti Corruption, UP Lucknow, u/s 161, IPC, and sentenced to two year's RI and a fine of Rs. 1,000, or further RI for six months in default of payment of fine.

2. The Appellant was prosecuted and tried under the Prevention of Corruption Act (II of 1947), so that there were no commitment proceedings. The accused, being a competent witness u/s 7 of that Act, examined himself as such besides producing other witnesses in support of his defence. He was convicted as a public servant by virtue of his office as Station Master of the railway station of Garhmukteshwar on the Northern Railway in this State.

3. It appears that Garhmukteshwar is a railway station for certain important outlying market towns, one such town being Siyana. Any trader intending to transmit goods from Garhmukteshwar had to submit a forwarding note for reservation of a wagon and pay Rs. 35 as a fee for the same. This was the practice in vogue to serve as a check against unnecessary reservations. An entry in respect of the forwarding note and the payment of Rs. 35 was made in the Priority Register and a rec