1. This appeal was directed against the order passed by Sri D.P. Srivastava, VIIIth Additional Sessions Judge, Bareilly, on 24-11-1978. The learned Judge was trying a special case and as a result of his assessment of the evidence he convicted the appellant on the charges under Ss. 5(1)(d) and 5(2) of the Prevention of Corruption Act and sentenced him to one year's R.I. and a fine of Rs. 500/- and in default of payment of fine three months' further R.I. was awarded.

2. When the record of this case was sent for, a report was received that it had been destroyed as a result of fire and was not available. Then order was passed by this Court on 29-7-1983 directing the Sessions Judge Bareilly to reconstruct the record and send the same to this Court and if that was not possible then to send a report to that effect. The learned Sessions Judge has reported that reconstruction is not possible. Under these circumstances the case came up for hearing before me.

3. The legal posi