JUDGMENT

AR. LAKSHMANAN, J.

This appeal is directed against the judgment and order dated 16.1.2001 passed by the High Court of Rajasthan at Jodhpur in S.B. Criminal Appeal No. 198 of 1983 whereby the High Court allowed the appeal filed by the respondent herein. The said appeal before the High Court was directed against the order dated 3.5.1983 passed by the Special Judge, Anti Corruption Cases, Udaipur in Criminal Case No. 47 of 1978 convicting the respondent herein - Shambhoogiri for the offence under Section 161 I.P.C. and Section 5(1)(d) and (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the PC Act") and sentencing him to undergo two years R.I. and a fine of Rs. 250 on each count and in default of payment of fine to further undergo six months simple imprisonment. Both the sentences were ordered to run concurrently.

2. The case of the prosecution is as follows:

The respondent was working as Head Constable Police, Arnod, District Chittorgarh. One Fakir Chand PW-1 was the resident of the same local police station, where the respondent/accused was posted. There was some pending case against Fakir Chand PW-1 and his friends before the SDM. Pratap Garh, where h