Judgment

OZA, J.:- These two appeals arise out of the conviction of the two appellants by learned Special Judge, Kolhapur wherein appellant accused No. 1 Gajanan Shripatrao Salokhe, a Head-Constable of Police was convicted under S. 161, I.P.C. and sentenced to suffer rigorous imprisonment for 9 months and fine of Rs. 100/- in default, rigorous imprisonment for one month whereas accuseed No. 2 Sadashiv Mahadeo Yavaluje, a Constable of Police was convicted under S. 165-A, I.P.C. and S. 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for four months for the offence under S. 165-A, I.P.C. and rigorous imprisonment for one year and a fine of Rs. 200/- in default of fine further rigorous imprisonment for two months for the offence under Section 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act by Special Judge, Kolhapur in Special Case No. 2 of 1975 and on appeal the High Court of Bombay confirmed the conviction and sentence so far as accused No. 1 the Head Constable is concerned and confirmed the conviction and sentence of accused No. 2 under S. 165-A but modified the sentence under S. 5(2) read with S. 5(1)(d)