V. M. KANADE, J.

( 1 ) APPELLANT is challenging the judgment and order passed by the Special Judge for Greater Bombay in Special Case No. 24 of 1989. By the said judgment and order dated 15th October, 1993, the trial Court was pleased to convict the appellant under section 7 of the Prevention of corruption Act, 1988 and he was sentenced to suffer R. I. for six months and to pay fine of Rs. 1,000/- and, in default, to undergo R. I. for one month. He was also convicted under section 13 (2) of the Prevention of Corruption Act and sentenced to suffer R. I. for six months and to pay fine of Rs. 1000/ -. The accused no. 2 was acquitted of the offence with which he was charged.

( 2 ) PROSECUTIONs case is that, at the relevant time, appellant accused No. 1 who was at that time a Rationing Officer was in charge of the Rationing office, Kurla and it is alleged that he demanded bribe of Rs. 400/- as monthly instalment on 28-9-1988 from the complainant who owned the rationing shop. Prosecutions case is that the accused No. 2 who was working as Assistant Rationing Officer made repeated demands for the payment of the said amount to accused No. 1 and, therefore, it was alleged that he had