V.G. Palshikar, J. - (1.) Being aggrieved by the judgment and order of conviction dated 14.9.1982 passed by Special Judge, Anti Corruption Cases, Jodhpur in Criminal Case No. 1/1978 convicting and sentencing the accused-appellant under section 161 IPC and Section 5(2) of Prevention of Corruption Act, 1947 to under 6 months R.I. for each and a fine of Rs. 250/- in each offence, in default of payment of fine to further undergo one month's S.I. concurrently, on the grounds mentioned in the memo of appeal and also canvassed before me.
(2.) With the assistance of the learned counsel for the accused-appellant and learned Public Prosecutor, I have scrutinised the record and reappreciated the evidence on record.
(3.) On reappreciation of the evidence on record, it is found that there are material contradictions in the evidence of the prosecution witnesses. The prosecution has failed to prove beyond reasonable doubt the fact of demand and acceptance of bribe by the accused. The accused was Food Inspector at the time when the incident is alleged to have taken place. The sample of milk was taken by the accused 15 days prior to the date of incident of demanding the bribe and it was found that the milk was not adulterated.;