Judgement

P. JAGANMOHAN REDDY, J. :-:This appeal is by Special Leave against the Judgment of the Bombay High Court which reversed the order of acquittal of the Appellant passed by the Special Judge, Thana and convicted him of an offence under Sec. 161 I. P. C. as also under Sec. 5 (1) (d) read with Sec. 5 (2) of the Prevention of Corruption Act for demanding and accepting illegal gratification of Rupees 25/-.

2. The Complainant Bommayya Bondayya Dhanpilley, P. W. 1 was running a Hotel at Bhiwandi, where he would prepare and serve customers meals and tea for which a Hotel licence was obtained by him under the Public Entertainment Rules made under the Bombay Police Act. The licence was current for the year January 1, 1965 to December 31, 1965. According to P. W. 1 he entered into an agreement with his friend one Sidhu Korga Shetty P. W. 10 on the 18th January, 1965 Ex. 9 under which P. W. 10 agreed to take the hotal on rent for 11 months from 11-1-65 at Rs. 100/- per month and to pay an advance of Rs. 1,000/-. It also appears that under Rule 5 of the Public Entertainment Rules a licence granted under Rule 3 was not transferable but was for the benefit only of the person to whom it was