Gajendkagadkar, J.

[1] This is an appeal against the order passed by the learned Special Judge, Thana, convicting the appellant of an offence under Section 165-A, Penal Code and sentencing him to rigorous imprisonment for one day and to pay a line of Rs. 100, in default rigorous imprisonment for one month.

[2] The charge against the appellant was that on or about 30-7-1952, at Thana he abetted Mr. Deshmukh, Deputy Chitnis, of Thana, who was a public servant, in the commission of an offence punishable under Section 161, Penal Code inasmuch as he offered Rs. 20 to the said Mr. Deshmukh, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show in the exercise of his official function favour or disfavour to him or for rendering or attempting to render any service or disservice to him with the Collector and thereby he committed an offence punishable under Section 165-A, Penal Code.

[3] The prosecution case is very simple, On 30-7-1952, the appellant, who is a bound Forester, Manor, accompanied one Mohanji Kuverji to the office of the deputy Chitnis at about 12 or 12-30 p. m. Mohanji had possessed a gun but his gun licence had been c