JUDGMENT

S. Ratnavel Pandian, J.- The State of Uttar Pradesh represented by its Chief Secretary has preferred this appeal questioning the correctness and legality of the judgment of the High Court of Allahabad, Lucknow Bench setting aside the judgment and order of the Special Judge, Barabanki and allowing the appeal preferred by the respondent accused. The respondent took his trial before the Special Judge for offences punishable under Section 161 of Indian Penal Code and Section 5(1)(d) of the Prevention of Corruption Act. The facts of the prosecution case briefly stated are thus:

2. One Ambar Prasad who was a student of B.A. 1st year presented an application on 27-10-1979 before the respondent at the direction of Tehsildar, Fatehpur for obtaining a certificate, to the effect that he belongs to backward class so that he could apply for his scholarship provided for the backward class students. The respondent demanded a sum of Rs. 20/- as bribe for expediting the matter but Ambar Prasad agreed to pay Rs. 10. As the respondent did not agree, Ambar Prasad finally agreed to pay Rs. 15 on 8-11-1979. Thereafter, Ambar Prasad filed a petition before the Superintendent of Police, Vigilanc