BISHAMBHAR PRASAD Vs. REX

JUDGEMENT

(1.) The applicant Bishambhar Prasad was convicted by a Magistrate of the first class, Bahraich, under Section 161, Penal Code for accepting a bribe of Rs. 15 and sentenced to rigorous imprisonment for two months and a fine of Rs. 100. His appeal against his conviction and sentence was also dismissed.

(2.) On behalf of the applicant his learned Counsel has urged that accepting the finding of the learned appellate Court, no offence under Section 161, Penal Code has been made out. I have heard the learned counsel for parties and I am satisfied that this application must be allowed.

(3.) The prosecution case briefly was that on 12-1-1949, at about 11 A.M. in front of the bungalow of the Superintendent of Police, Bahraich, the applicant accepted from one Baba Din a bribe of Rs. 15 in order to give him an extract from the khasra. The learned Appellate Court in its judgment says :