MASODKAR J.-This is a State appeal that questions the acquittal of the charge of corruption of respondent Jaywant Kamble, who was engaged as a Police Constable and was working as such at Dafalpur Out-post. Prosecution against him for offences under section 161 of the Indian Penal Code and section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act has failed before the Special Judge, Sangli.

2. Now, the facts upon which the prosecution relied have been satisfactorily proved and can be merely stated so as to indicate the eventual point that arises for decision in the present case.

3. In the trap that was laid by Anti-Corruption Police Sub· Inspector Surve (P. W. 12) on November 1, 1973 upon a complaint lodged by Kondiba (P. W.2) on October 31, 1973 as per Ex. 9, in the presence of Panch Vithal (P. W. 3), Rs. 40, which were tainted with enthracene powder, were recovered from the respondent Police Constable. As far as the earlier steps leading to the trap are concerned, there is clinching evidence coming forth from Police Sub-Inspector Surve that Kondiba approached him and lodged the complaint as per Ex. 9, thereafter he proceeded to have the authorisation fro