JUDGMENT :

S. L. Talati, J.

The appellant is an Assistant Security Officer working in S.T. Corporation and he is convicted for an offence punishable under Section 161 of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to suffer R.I. for two months for each count, prosecution case in brief is as

2. The accused-appellant was working as Assistant Security Officer in S.T. Corporation and his duty was to check the buses for the purpose of finding out as to whether proper tickets are issued by the conductors or whether the persons are allowed to travel without tickets or whether moneys are misappropriated by the conductors and he had also to check as to whether the conductors perform their duty in the manner laid down by S.T. Corporation. These duties might as well include whether the conductors are in proper dress, they are carrying licence and so many other small details. He was in a squad where he was not expected to check all buses or he was not a person who was expected in routine to do things but he was given a particular programme and according to that prog