S.M. GAVHANE, J.

1. The appellant/accused has challenged the judgment and order dated 29.03.2005 in Special Case No.26/2003 passed by the II-Special Judge at Aurangabad thereby convicting him for the offences punishable under Section 7 and Section 13 (1)(d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the said Act') and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for one month on each count. Both the sentences of imprisonment have been ordered to run concurrently.

2. Facts of the prosecution case, in short, are as under:

(A) The complainant Shaikh Kalimoddin S/o. Shaikh Najimoddin (PW1) who is resident of Khultabad, Dist. Aurangabad was driver on the private KaliPili Trax/Taxi bearing No.MH19C5565, (hereinafter referred to as 'the jeep') owned by one Mohd. Muzafar (whose name is Shaikh Muzafar Shaikh Akbar in the list of witnesses in the charge-sheet, who is hereinafter referred to as Mohd. Muzafar) resident of Khultabad since one year prior to the complaint dated 26.08.2003. At that time the appellant Barse was Police