JUDGMENT

CHINNAPPA REDDY, J.:— The appellant Hazari Lal was convicted by the learned Special Judge, Delhi, of offences under Section 5 (2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code. On the first count he was sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.500/-. On the second count he was sentenced to suffer rigorous imprisonment for a period of two years. The two sentences were directed to run concurrently. The conviction and sentences were confirmed by the High Court of Delhi.

2. The case which the prosecution set out to prove before trial Judge was briefly as follows:

The scooter-rickshaw belonging to Sri Ram (P. W. 3) and driven by his driver Ram Lubhaya (P.W. 6) was involved in an accident on July 12, 1969. The scooter-rickshaw and a tonga which were involved in the accident were taken to the Police station, Kashmere Gate by the accused, a police constable attached to that station. P. W. 3 obtained orders from the Magistrate for the release of his vehicle and went to the Police Station to obtain delivery of the vehicle. The accused, who was present took him outside and t