Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Bombay confirming the conviction of the appellant for an offence under S. 161, I. P. C., for accepting a bribe of Rs. 250/- on June 24, 1954.

2. The appellant was a Police Prosecutor at Anand in the District of Kaira. On July 21, 1953 one Fatesing Somabhai and others brought a complaint against Ramanbhai Harmanbhai of village Ajarpura, the complainant. On the following day the complainant brought a counter-complaint against Fatesing Somabhai and others. The police filed charge sheets in both cases. The cases dragged on and nothing happened till June 17, 1954 when there was a talk of a settlement and compounding the complaints. Complainant Ramanbhai Harmanbhai was prepared to pay a sum of Rs. 100 but Fatesing Somabhai and others demanded Rs. 200 and therefore the talks were unsuccessful. Thereafter three witnesses were examined on June 17, 1954 and the cases were adjourned to June 24, 1954. The appellant was conducting the prosecution on behalf of the State. On the same day the complainant was returning to his village and therefore went to the Railway Station Umreth. The appellant was also at th