JUDGMENT - DATAR, J. :

This is an appeal filed by the accused who has been convicted for an offence under S. 161 of the Indian Penal Code read with S. 4 of the Prevention of Corruption Act and sentenced to undergo six months rigorous imprisonment.

(2) The case of the prosecution was that the accused was at the material time a watchman or a mukaddam in the employ of the Bombay Port Trust. The complainant, one Gulabrao Jagdale, is a driver of a bullock cart which belongs to his master, one Govind Mali. He used to stay in the Lokhandi Jatha, an area which belongs to the Bombay Port Trust. It appears that he has his family which consists of three members at Satara. The complainant used to drive the bullock cart on hire and every day he used to give an account of the earnings which he made by driving the bullock cart. The accused told the complainant not to keep the bullock cart in the Lokhandi Jatha. He told that if the complainant did not give an amount of Rs. 10 per month as bribe, he would make a report to his superior officers and see that he was prevented from keeping his bullock cart in that area. The complainant agreed to pay an amount of Rs. 10 per month and it is stated for the

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