( 1 ) THIS appeal arises out of the judgment and order dated 29-8-1984, rendered in Special Case No. 5 of 1984, by the learned Special judge, Ahmedabad, wherein the appellant Ajitkumar Somnath Pandya, who came to be tried for the alleged offences punishable under Secs. 5 (l) (d), 5 (2) of the Prevention of Corruption Act, 1947 (for short the Act) and sec. 161 of the I. P. C. , at the end of the trial, was ordered to be convicted for the same and sentenced to R. I. for one year and, to pay fine of Rs. 1,000. 00 and in default, R. I. for one month.

( 2 ) THE prosecution version as reflected in the evidence of the complainant premjibhai Lakhabhai Vaghela (PW-1, Ex. 7) to be briefly stated, is to the effect that he was serving as a labourer in Ahmedabad Municipal Corporation, road-II Engineering Division, under the supervision of the appellant. According to the complainant, on every month the appellant was demanding and accepting rs. 10/- from each and every labourer as illegal gratification and was unduly harassing those who did not obey to the said demand. Further according to the complainant, since he also had committed defaults in paying the said instalment of the bribe a