Short Note : 1. The appellant a lower division clerk, was working as reader to Naib-Tahsildar, Raghogarh Four persons namely Mangilal, Ramnarain, Ramcharan and Dhanlal applied for pattas with respect to disputed lands. The Tahsildar, Brijmohan Srivastava (PW-7) on 10.1.1973 had passed Order (Ex.P.18) granting Pattas in their favour. The Pattas were to be issued only after the payment of the prescribed premium. It was an admitted fact that no premium was paid. It was alleged that the appellant who was the reader (lower division clerk) demanded Rs. 400/- as illegal gratification to issue the Pattas. Appellant was convicted under section 161 IPC and sentenced to two years R.I. and was further convicted under section 5(2) Prevention of Corruption Act and sentenced to 4 years R.I. 2. The crucial question raised in argument by the learned counsel for the appellant was whether this amount of Rs. 400/- was really towards the demand of illegal gratification. For Issuance of Patta, prescribed premium has to be paid first and then only Patta could be issued under the signature of the Tahsildar. Admittedly, no premium has been paid at all and no Patta was ready for issuance. In these circumstances, there is ample force in the contention of the learned counsel for the appellant to issue Patta without payment of premium and without the signature of the Tahsildar. Benefit of doubt extended. Appeal allowed.