JUDGMENT :

This is a Criminal Appeal filed by the State, being represented by the Inspector of Police, Anti-Corruption Bureau, Nellore Range, Ongole, Prakasam District, against the judgment in C.C.No.26 of 2002, dated 26.03.2007, on the file of Special Judge for SPE & ACB Cases, Nellore, whereunder the learned Special Judge, found the Accused Officer No.1 (“A.O.1” for short) therein not guilty of the charges under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and acquitted him under Section 248(1) of the Code of Criminal Procedure (“Cr.P.C.” for short).

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The case of the prosecution, in brief, before the Court below according to the charge sheet is as follows :

(i) A.O.1 worked as Mandal Revenue Officer, Mundlamur from 31.12.2000 to 13.06.2001 and A.O.2 worked as Attender from July, 1994 to 13.06.2001 in the said office. So, they are the public servants within the meaning of Section 2 (C) of the Prevention of Corruption Act, 1988.

(ii) The husband of P.W.2 died on 29.09.2000. He was having lands to an extent of Ac.0-19 cents in Survey No.35/5, Ac.0-66 cents in Survey No.103/3, Ac.2-04 cents in Survey No.349/3 and Ac.0-76 cents in Survey No.46/1 totalling Ac.3-65 cents. P.W.2 was having an extent of Ac.0-09 cents in Survey No.75/11, Ac.0-18 cents in Survey No.338/2, Ac.1-72 cents in Survey No.339/4 and Ac.0-19 cents in Survey No.103/6, totaling Ac.2-18 cents. Out of the lands of P.W.2, Ac.0-09 cents in Survey No.75/11 and Ac.0-18 cents in Survey No.338/2 totalling Ac.0-27 cents were entered in her pattadar passbook, which is Ex.P.1.

(iii) So, P.W.2 filed an application under Ex.P.2 before the A.O.1 on 10.05.2001 to incorporate the lands devolved on her from her husband and other lands. P.W.1, who is the son-in-law of P.W.2, was looking after the said application. P.W.1 gave Ex.P.3 report to Dy.S.P., ACB, Nellore on 30.05.2001 alleging that A.O.1 demanded bribe of Rs.1,000/- for doing official favour. Dy.S.P., ACB, after conducting preliminary enquiry, registered it as a case and issued F.I.R. He laid trap with the help of mediators. He conducted pre-trap proceedings in the office of Dy.S.P. and further noted the details of the currency notes in the pre-trap proceedings. He followed the procedure in respect of pre-trap proceedings. Then, he instructed P.W.1 to pay the amount to A.O.1 only on further demand and gave a signal by combing his hair with his hands. Accordingly, P.W.1 approached A.O.1 and then A.O.1 further demanded the bribe. When P.W.1 was about to pay the amount to A.O.1, he informed P.W.1 to pay to A.O.2. Then, he paid the tainted amount to A.O.2. A.O.2 received it with his right hand and kept it in right side pant pocket and P.W.1 gave pre-arranged signal. The raid party went there and conducted tests on both the hands of A.O.1 and it gave negative result. Then, Dy.S.P., conducted chemical test to the right hand fingers of A.O.2 which gave pink colour and A.O.2 dip his left hand fingers in another glass tumbler and there was no change of colour.

(iv) The version of A.O.1 was written in post-trap proceedings and the version of A.O.2 was incorporated in the panchanama. A.O.2 produced tainted amount from his right side pant pocket. The amount was checked with regard to serial numbers. Dy.S.P. seized the same. The inner linings of M.O.7 of A.O.2 were tested in Sodium Carbonate solution and it gave positive result. Dy.S.P. enquired A.O.1 to produce the application given by P.W.2 and P.W.4, Junior Assistant, brought the file consisting of application of P.W.2, statement of P.W.2, statement of V.A.O. and report submitted by M.R.I. to M.R.O. and further a note put up by the M.R.I. and further the process proceedings, etc. He also produced the old pattadar passbook in the name of P.W.2. The Dy.S.P. seized the entire file. He also recorded the version of P.W.1. He arrested