D.J. MOHARIR, J.:---The appellant Sudhakar Bhaskar Pore the Head Constable in the Police Department of the State of Maharashtra was charged and tried for and convicted for committing an offence under section 161 of the Indian Penal Code and under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act. Upon conviction he was sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 200/- in default further rigorous imprisonment for one year under section 161 of the Indian Penal Code. The same sentence was awarded to him also upon conviction under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 but the sentence of imprisonment in default of payment of fine of Rs. 100/- was restricted to 15 days. The substantive sentences were directed to run concurrently.

2. At the material time in September 1980 the Head Constable Sudhakar Pore was posted in the district of Raigad at the police out post at Kolad under the Police Station Roha. The staff attached to this out-post consisted of the accused head constable himself and two constables Sonawane and Patil all unarmed. No armed head constables were attached to the out-p