ORDER

The State of Tamil Nadu is in appeal against the judgment and order of the High Court of judicature at Madras made in criminal appeal No. 810 of 1990 whereby the High Court reversed the judgment and conviction dated 27th November, 1990 made by the VI Additional Special Judge, Madras in calender case No. 21 of 1989 who found the respondent guilty of offences punishable under section 13(2) read with 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 and sentenced him to undergo RI for one year with a fine of Rs.500/- in default to suffer RI for a further period of two months.

2. Briefly stated, the prosecution case is that the respondent was employed as a special temporary assistant in Mylapore Triplicane taluk office, Madras during the month of September, 1988. It is stated that PW1 and PW2 approached the respondent for changing the patta of Chintadripet property purchased by PW1 for which purpose the respondent demanded a sum of Rs. 300/- as bribe. PW1 was not inclined to pay the said sum and having considered this demand as abhorrent, he and PW2 approached the vigilance and the anti-corruption office on 19th September, 1988. Based on this complaint PW17, the investigating