On June 8, 1954, the First Information Report against the appellant was filed under Section 5 1 d of the Prevention of Corruption Act hereinafter termed the Act .
All the witnesses for the prosecution had staled that they did number understand what a share of a companypany was and they had never thought of buying a share in a companypany and they had paid the money to the appellant or his son because they thought that thereby they were obliging the appellant who was to attest their mutations.
By this document the Commissioner sanctioned the prosecution of the appellant under Section 5 of the Act.
The letter stated that the case fell within Section 5 1 d of the Act and suggested that the necessary sanction should be taken under Section 6 of the Act.
Cognizance of the case was taken on July 18, 1955, by Mr. Manohar Singh, Special Judge, Gurgaon but it was his successor who recorded the evidence of the witnesses for the prosecution on various dates from 2 9 1955.
Thereafter the sanction of the Commissioner, Ambala Division, was taken on 2 12 1954.
The facts which have led to the companyviction of the appellant are these.
The allegation against the appellant was that during his tours in the several villages of Ferozepur Jhirka Tehsil, his son who was a Director of the Starline Pictures Ltd., a film companypany of Delhi, accompanied him and at the time of mutations the appellant asked the parties whose mutation he was attesting to purchase shares in the companypany of his son and that many of such persons on being so pressed by the appellant purchased shares and did so because they were asked by the appellant who showed them official favours.
up to 19 10 1955.
It was based on a letter of the Deputy Commissioner who is also the Collector of the district enclosing with the letter the report of the Revenue Assistant, Gurgaon in an enquiry which he held against the appellant.
After the charge the appellant cross examined six prosecution witnesses and then examined some defence witnesses and after the arguments were heard the appellant was companyvicted on January 4, 1956, and sentenced to imprisonment till the rising of the companyrt.
At the relevant time, i.e., between May 1, 1953, and June 2, 1954, the appellant was a Naib Tehsildar at Ferozepur Jhirka in the district of Gurgaon.
L. Kapur, J. This is an appeal by special leave against the judgment and order of the Punjab High Court dated May 17, 1956.
