JUDGMENT

JUDGMENT:— This appeal by special leave is directed against the judgment of the Gujarat High Court reversing the acquittal of the appellant. The appellant was tried for offences punishable under section 161 of the Indian Penal Code and section 5(1)(d) read with S. 5(2) of Act No. 2 of 1947, on the allegation of having received Rs. 50/- as bribe.

2. The appellant was a police constable and at the relevant time, on 29-11-73, he was posted at S.T. Bus Stand at Bhaber. P.W. 1, the informant was plying a taxi and was in the habit of parking the taxi by the side of the bus stand where such parking was prohibited. It is the prosecution case that P.W.1 used to pay Rs. 5/- per month to the appellant as a consideration for not prosecuting him for such illegal parking. It is the further case of the prosecution that a few days before 29-11-73, the appellant told the informant that he should pay him (appellant) a sum of Rs. 60/- representing the payment for a whole year at Rs. 5/- per month, as he was in need of money, and it was finally settled that if the amount was paid in lump the informant would get a rebate of Rs. 10/- and he would have to pay Rs. 50/- only. On the information giv