Grover, J. - (1.) This judgment will dispose of all the four appeals from the judgment of the Gujarat High Court.
(2.) Two appeals i.e. Cr. As. No. 190 and 191 of 1969 had been brought by certificate. The certificate being defective for want of reasons they could not be entertained on that short ground. However, two petitions for special leave were filed and the same were granted. Those appeals (Cr. As. 63 and 64 of 1972) will be dealt with in this judgment.
(3.) The facts may be stated Manshankar Prabhashankar Dwivedi was at the material time a Senior Lecturer at the D. K. V. Arts and Science College, Jamnagar which is a Government College Vallabhdas Gordandas Thakkar was a legal practitioner conducting cases before the Income-tax and Sales tax Departments. He was also a resident of Jamnagar. It was alleged that in April 1964 the Physics practical examination for the first year B. Sc. was to be held by the Gujarat University. One of the centres was Surendranagar Dwivedi had been appointed as an Examiner for Physics practical. He is alleged to have accepted gratification of Rs. 500/- other than legal remuneration for showing favour to a candidate Jayendra Jayantilal Shah by giving him more marks than he deserved in the Physics practical examination. It is stated that he had obtained that amount through Thakkar, Dwivedi was charged with commission of offences under Section 161, Indian Penal Code, Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947, hereinafter called the 'Act'. Thakkar was charged under Section 165-A, Indian Penal Code and Section 5 (2) of the Act read with Section 114 of the Indian Penal Code. The Special Judge who tried both these persons found them guilty of the offences with which they were charged. He imposed a sentence of 2 years' rigorous imprisonment and a fine of Rs. 1,000/-. (in default further rigorous imprisonment for six months) on each of these persons.;