JUDGMENT

M.K. Mukherjee, J.-For obtaining an illegal gratification of Rs. 3,000/- from Rajkumar Mohanram Sawani, (P.W.1) through Mahendra Singh, the appellant before us, Uttamrao Baburao Raut, Inspector and Abdul Kadar, Sub Inspector (hereinafter referred to as A1 and A2 respectively), of Ramdaspeth Police Station, Akola were convicted under Section 161 I.P.C. and 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947, while the appellant was convicted under Section 163 I.P.C. Aggrieved thereby they preferred separate appeals before the Bombay High Court which were disposed of with an order of affirmation of the conviction of the appellant and acquittal of the two Police Officers. Hence this appeal.

2. According to the prosecution case, in the night intervening April 12 and 13, 1984, A1 and A2 carried a raid at Seema Guest House of Akola and found Madhukar @ Shaligram Raut (P.W.10) and one Ashok Thakur indulging in immoral sexual activities with two girls. They were arrested and brought to the Police Station by A1 and A2. Rajkumar (P.W.1), the Manager of the Guest House, and Pramod Gangaramji Bhirad (P.W.5), a friend of the persons arrested, went to the Police Station and s