1. This appeal has been preferred against the judgement made by Shri O.P. Singla, Special Judge, Delhi on the 31st of May, 1972, in terms whereof the appellant was convicted under S.409 of the Indian Penal Code and was held guilty of criminal misconduct within the meaning of S.5(1)(c) and (d) read with S.5(2) of the Prevention of Corruption Act . hereinafter called "the Act." In respect of his conviction under S.409 of the Indian Penal Code the appellant was sentenced to one year's rigorous imprisonment and a fine of Rupees 500/- in default of payment whereof he was to undergo three months' rigorous imprisonment. Identical sentence and fine were imposed in respect of his conviction under S.5(2) of the Act. The sentences were to run concurrently.

2. The prosecution alleged that at the time of the commission of the offences the appellant was working as second - in - command (2