Judgment

KAILASAM, J.:- This appeal by special leave is preferred by the first accused Panalal Damodar Rathi against the judgment of the High Court of Judicature at Bombay whereby it dismissed the Criminal Appeal filed by him and upheld the conviction and sentence imposed on him by the trial court.

2. The appellant was a Police-Prosecutor attached to the Court of Judicial Magistrate, Kopargaon in the district of Ahmednagar. He was tried jointly along with the court orderly Radhakrishna Rambhau Dalvi as second accused for offence punishable under S. 161, Indian Penal Code and S. 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act. The appellant was convicted under S. 161, Indian Penal Code, and under S. 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and sentenced to one years rigorous imprisonment and a fine of Rs. 1000 and in default to further rigorous imprisonment for three months. The second accused who was also convicted and sentenced by the trial court and whose appeal to the High Court failed is not before this Court.

3. The appellant preferred Criminal Appeal No. 1347 of 1970 before the High Court against his conviction and sentence. The High