Honble THOMAS, J. – This is a Government appeal assailing the acquittal of a government servant from graft charge. Respondent government servant was convicted by the trial court under Section 161 of the Indian Penal Code and also Section 5(2) of the Prevention of Corruption Act 1947 and was sentenced to substantive terms of imprisonment and fine but he was acquitted by a single Judge of the Allahabad High Court when he appealed against the conviction and sentence.

(2). Respondent was working as Revenue Inspector (Wasil Baki Nawis) in a Sub-Tehsil in Nainital District. The nub of the case against him is that he received Rs. 400/- as bribe from PW 5 Satpal Singh for doing an official act and he was caught red- handed with the bribed amount by the Anti-corruption officials, After obtainingsanction from the government, respondent was challaned. In his defence, he disputed the entire incident and contended that it was a concocted case against him.

(3). More details about the case : A person by name Naubat was in occupation of a certain land situate in the sub-Tehsil Kaladhungi (Nainital District). Since the occupation was illegal proceedings have been afoot for evicting him. PW-5 Satpal S

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