( 1. ) THIS appeal has been directed by the appellant against the judgment and order dated 29th August, 1992, passed by the Special Judge, Dewas, in Special Case No. 2/86 convicting the appellant for offence punishable under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) as also under Section 161, IPC and sentencing him Rigorous Imprisonment for six months on both counts and fine of Rs. 500/- in total Rs. 1000/- in both the counts, in default of payment of fine, further sentences of 3 months on each count. All the sentences were directed to run concurrently.

( 2. ) ACCORDING to the prosecution case, appellant was posted at double Chouky of Police Chouky District, Dewas on 28-11-1985 as Assistant Sub Inspector. He demanded Rs. 300/- rupees as bribe for releasing complainant Rajaram and his son Mohan on bail in connection with Crime No. 71/85 registered for the offence under Section 509, IPC. He obtained Rs. 100/- from complainant Rajaram being public servant and thereby committed offence punishable under Section 161, IPC and under Section 5 (1) (d)/5 (2) of the Act.

( 3. ) IT is alleged by the prosecutio