Judgement

BACHAWAT, J. : In this appeal, the appellant challenges the legality of his conviction under S. 165-A of the Indian Penal Code. His wife Rukhanbai was the owner of two house properties in F ward of the Bombay Municipal Corporation. The buildings were in a ruinous condition and she was served with notices under S. 354 of the Bombay Municipal Corporation Act requiring her to repair and secure them. The notices were not complied with and prosecutions under S. 471 of the Act were started against her in the Presidency Magistrate s court. The summonses issued to her were served by affixation and on her failure to appear in court a bailable warrant for her arrest was issued. One Munit Ahmed Shaikh, a notice clerk attached to F ward building department of the Bombay Municipal Corporation, was entrusted with the duty of serving the warrant. The charge against the appellant was that ha offered to Shaikh on July 18, 1960, a sum of Rs. 25 and on August 2, 1960, a sum of Rs. 100 as a bribe for not executing the warrant. The appellant started making approaches to Shaikh from July 1, l960. Shaikh reported the matter to the municipal commissioner who directed N. W. Naik to investigate