Judgement

FAZL ALI, J. :- In this appeal by special leave, the appellant has been convicted for criminal misconduct under Section 5 (2) read with Section 5 (1) (c) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for three years. He has also been convicted under Section 5 (1) (d) of the Prevention of Corruption Act but no separate sentence has been passed there-under. The appellant preferred an appeal to the High Court of Orissa against the order of the Special Judge which was, however, dismissed, and the convictions and sentences imposed on him were confirmed by the High Court. Thereafter an application for leave to appeal to this Court was made before the High Court, which having been refunded the appellant obtained special leave from this Court, and hence this appeal.

2. After going through the judgments of the Courts below, we are constrained to observe that the High Court as well as the Trial Court have made a wholly wrong approach in applying the provisions of the Prevention of Corruption Act in the case of the appellant. Put briefly, the prosecution case was as follows :

3. The appellant was the Additional District Magistrate. Cuttack from Septem