Judgement

RAMASWAMI, J.- This appeal is brought, by special leave, from the judgment of the High Court of Bombay, Nagpur Bench dated November 11, 1963 in Criminal Appeal No. 153 of 1963.

2. The respondent Narharrao, a police Head Constable was attached to the Murtizapur Police Station in September, 1962. He was investigating offences under Ss. 110, 102 and 117 of the Bombay Police Act against two persons, viz., Onkar and Harihar. It is alleged that Onkar and Harihar approached Narharrao for showing them some favour. The latter demanded Rs. 25 as a bribe for weakening the prosecution case which was to be launched against Onkar and Harhar. The respondent accepted Rs. 5 on or about October 14, 1962 and Rs. 10 on or about October 19, 1962 as illegal gratification. The respondent was tried in the Court of the Special Judge, Akola for accepting bribe under S. 161 Indian Penal Code or alternatively for committing criminal misconduct in the discharge of his duties which is punishable under S. 5 (2) read with S. 5 (1) (b) of the Prevention of Corruption Act, By his judgment dated June 25, 1963 the Special Judge held the respondent guilty of both the offences and sentenced him to rigorous impr