JUDGEMENT :

1. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the conviction recorded under Section 5(2) read with Sections 5(i)(d) of the Prevention of Corruption Act, 1947 (‘ PC Act of 1947’ for short) and sentencing the appellant to undergo imprisonment for one year and to pay fine of Rs.500/-, in default, to undergo further simple imprisonment for one month and under Section 161 of Indian Penal Code (‘IPC’ for short) and sentencing imprisonment for six months and pay fine of Rs.200/- and in default, to undergo simple imprisonment for 15 days in Special Case No. 01 of 1989 by learned Special Judge, Nashik vide Judgment and Order dated 29th August, 1998.

2. In short, the case of the prosecution is that, the complainant, namely, Karbhari Madhav Aher and his younger brother Bhausaheb Madhav Aher are the resident of village Erandgaon-Budruk, Tahasil- Yeola, District- Nashik. According to complainant, on 07/03/1988 his said younger brother had gone to Kopargaon to attend marriage ceremony. On the same day, at about 6:00 to 6:30 p.m., PSI Avhad (appellant) and other police staf carried out prohibition raid in the village. They also visited the com