JUDGMENT :

A.M. Kapadia, J.

Respondent No. 1 - Jujarsinh Bhavansinh Vihol, Police Constable, respondent No. 2 - Zalabhai Manjibhai Varsatap, Police Sub Inspector, respondent No. 3 Madhukar Hilal Patil, Constable and respondent No. 4 Somubhai Mitabhai Vankar, Driver, working in traffic branch of Vadodara City Police Station at the relevant time, who were public servants within the definition and meaning of Section 21 of the Indian Penal Code ('IPC' for short) were tried by the learned Special Judge, Vadodara, in Special Case No. 5 of 1988 for commission of offence punishable under section 5 (2) of the Prevention of Corruption Act, 1947 ('the Act' for short) and Section 161 read with Section 34 of Indian Penal Code ('IPC' for short), on the accusation that all of them, on 9.11.1985, while they were on duty, at Fatehgunj four junction, Vadodara City, had demanded Rs. 50/- as gratification (other than the legal remuneration) under the pretext of collecting entry fee from Ambalal Savjibhai, driver of matador No. GAL 6299 which was passing from the said road and accepted the said amount from Panch No.1, Kailashpuri Girdharpuri Gosai and in his presence also demanded and accepted gratificat