Judgment

SUBBA RAO, J. - (for self and Raghubar Dayal J.) - This appeal by special leave is directed against the judgment of the High Court of Judicature, at Allahabad, Lucknow Bench, Lucknow, setting aside that of the Special Judge (West), Lucknow, who convicted the accused-respondent and sentenced him to one year s rigorous imprisonment under S. 5 (2) of the Prevention of Corruption Act (No. II of 1947), hereinafter called the Act.

2. The case of the prosecution may be briefly stated : The respondent was a booking clerk at Sharanpur in the year 1955-56. Between October 22, 1955 and May 26, 1956 he committed criminal breach of trust in respect of Rs. 49/1/0. On the said allegations the accused was sent up for trial before the Special judge for offences under S. 5 (1) (c), read with S. 5 (2), of the Act. Before the Special Judge the prosecution filed a number of documents numbering upto 124 and examined 20 witness. The accused admitted before him that he had realized the amount as alleged by the prosecution, but pleaded that he had no dishonest intention and that the deficit found was due to inadvertence and oversight. The Special Judge considered the entire evidence and found that t