( 1 ) STATE has filed this appeal against the Judgment and Order passed by the Special Judge, Kolhapur in Special Case no. 5 of 1987. By the said Judgment dated 26-12-1989, the Special Judge acquitted the accused of the offence punishable under section 161 of the Indian Penal Code and section 5 (l) (d) read with Section 5 (2) of the prevention of Corruption Act, 1947.

( 2 ) PROSECUTION case is that the accused was working as a senior clerk in the irrigation Department at Kolhapur. The complainant - Dattatraya Kagkle was working as a clerk in the Office of the Executive engineer, Kolhapur and before 1986 he was working at Kallamwadi Sub-division and he had submitted an application to the Executive engineer seeking his transfer from kallamwadi to Kolhapur Office. The case of the prosecution is that the accused demanded bribe of Rs. 200/- from the complainant and told him that he would manage to get the transfer order in favour of the complainant. The complainant, thereafter, was transferred to Kolhapur and the accused made a demand from the complainant immediately within 4/5 days, after he had joined the Kolhapur Office. Thereafter, demand was made from time to time. A compl