JUDGMENT

1. This Criminal Appeal is filed by the appellant-State, being aggrieved by the judgment and order dtd. 24/12/2010 in Spl.C.C. No.39/2004 on the file of the XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore (CCH.34), wherein the Trial Court acquitted the respondent / accused for the offences punishable under Ss. 7, 13(1)(d) r/w Sec. 13(2) of Prevention of Corruption Act, 1988 (for short 'PC Act').

2. The rank of the parties in the Trial Court will be considered henceforth for convenience.

Brief facts of the case are as under:

3. It is the case of the prosecution that the accused being the public servant working in the capacity as Enforcement Officer in the Department of Employees' Provident Fund Commissioner, Mysuru, was authorized to recommend in settling the issues of M/s.VST Precision Components Ltd., Mysuru under the EPF Act. It is alleged that on 9/10/1997 and 17/10/1997, the accused by abusing his official position as a public servant, said to have demanded Rs.5, 000.00 as illegal gratification from the complainant to do some official favour to the complainant. The complainant being unhappy about the demand made by the accused,