JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. This appeal is directed against a judgment of acquittal passed by the First Additional Sessions Judge and Special Judge, Shahdol, in Special Case No.5/87, acquitting the Respondents in respect of offences punishable under Section 161 of the Indian Penal Code (I.P.C.) and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947, hereinafter referred to as the “1947 Act”.

3. According to the prosecution case, the complainant, Ramavtar, submitted an application in the Office of the District Excise Officer, Shahdol, for a licence to collect Mahua. At that time, Ghanshyamdas @ G.D. Sharma had been serving as Special Inspector, Excise and the sole Respondent herein, Harishankar Bhagwan Pd. Tripathi, was serving as a Clerk in the said establishment. The complainant, Ramavtar, claimed to have deposited a sum of Rs.200/- for the licence fee in the State Bank and upon inquiry from the said Ghanshyamdas, he allegedly demanded a sum of Rs.2000/- from the complainant as illegal gratification for getting the licence. Eventually, a written complaint was made by Ramavtar to the Lokayukt (Rewa) of the Special Police, Rewa, wh