JUDGMENT - D.J. MOHARIR, J.:---The appellant is a Sub-Inspector of Police. He takes exception to his conviction for the offences punishable under section 161 of the Indian Penal Code and under sections 5(1)(d) read with section 5(2) of the Prevention of Corruption Act. Upon conviction for the first of this offence, he was sentenced to rigorous imprisonment for one year and fine of Rs. 1,000/- in default to suffer further rigorous imprisonment for three months and for the second offence he was sentenced rigorous imprisonment for six months.

2. Briefly stated the prosecution case is that the accused had joined to Mandrup Police Station in Solapur District only a few months before this incident which took place on 3rd October, 1986. The accused was on duty as the Police Station Officer also on that night.

3. One Shirish Chandulal (P.W. 1) is an agriculturist, holding about 50 acres of agricultural land at the village Bhandarkavathe while his residence as such is at Solapur. It appears that the Police Station at Mandrup is in between Bhandarkavathe and Solapur. Shirish Shah is a fairly educated person also. For the purpose of his agricultural cultivation and transport of agricultural pro

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