( 1 ) THE appellant is the original accused/convict of Special Case No. 5 of 1984 tried by the learned Special Judge, Jamnagar, for the offences punishable under Section 161 of the Indian Penal Code r/w. Sections 5 (1) (A), 5 (1) (D) and 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act ). The learned Judge imposed different penalties on conviction i. e. under Section 5 (1) (D) r/w. 5 (2) of the Act rigorous imprisonment of one year and fine of Rs. 500/- and six months rigorous imprisonment for the offence punishable under Section 161 of the Indian Penal Code. The learned Special Judge has acquitted the accused for the offence punishable under Section 5 (1) (A) r/w. 5 (2) of the Act.

( 2 ) TO appreciate the rival contentions placed before the Court, it will be necessary to have a close look on the case of the prosecution. 2. 1 according to the prosecution, the petitioner is a public servant serving as Talati-cum-Mantri of village Nana Thavariya, Dist. Jamnagar and at the relevant point of time, he was caught by the police in a trap. 2. 2 one Girdharbhai Popatbhai-orig. complainant wanted to have a bore in his land for the purpose of i