judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Gujarat High Court dismissing the appeal filed by the appellant.

3.Challenge before the High Court was to the judgment and order dated 5.11.1993 passed by learned Sub-Judge, Bhavnagar, in Special Case No.9 of 1991 whereby the appellant was convicted and sentenced to suffer rigorous imprisonment for one year in respect of offence under Section 161 of the Indian Penal Code, 1860 (in short the ‘IPC’) and for offence punishable under Section 7(2) of the Prevention of Corruption Act, 1988 (in short the ‘Act’), he was sentenced to undergo rigorous imprisonment for one year in respect of each of the offence and fine with default stipulation.

4.Background facts in a nutshell are as follows :

On 12.12.1990, one Luxury Bus bearing No. GTS-9919 was hired by Ramnikdas Hargovindas from Bharat Travels Company for carrying a marriage party from Mahuva to Selana. According to the complainant-Ghelabhai Jasabhai, the Mehtaji of Bharat Travels who was present in the bus, at around 6.00 or 6.15 a.m. of that day when the bus reached Aasarana Chokadi, the appellant-accused sto