JUDGMENT

Santosh Hegde, J.-State of Andhra Pradesh is in appeal against the judgment of the High Court of Andhra Pradesh at Hyderabad made in Criminal Appeal No. 491 of 1989 whereby the High Court set aside the judgment and conviction recorded by the Principal Special Judge for SPE & ACB cases at Hyderabad against the respondent herein. Brief facts necessary for disposal of the appeal are that the respondent who while working as Commissioner, Sangareddy Municipality during the year 1986-87 demanded and obtained an illegal gratification of Rs. 400/- to show an official favour to award the work order to PW-1 who was a successful tenderer in a municipality contract, thus committed an offence punishable under section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 (the Act) as also an offence under section 161 IPC. In this regard, the prosecution alleges that on 20.4.1987 when PW-1 met the respondent and requested him for the work order which he was entitled to pursuant to the acceptance of his tender for doing a contract job for the Municipality the respondent demanded a bribe of Rs. 500 to issue the work order. When PW-1 expressed his inability to pay such a huge amou