This is an appeal filed by the State, challenging the judgment and order dated 10-05-1999 passed by the Special Judge, Jalna in Special Case No. 25 of 1993, by which respondent Nos.1 and 2 are acquitted for the offence punishable under Sections 7, 13 (2), read with Section 13(1), 12 read with Section 7 and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and under Section 109 of the Indian Penal Code.

2. The charge against accused Nos. 1 and 2 respondents herein was that on 04-03-1993, accused No.1 attempted to obtain Rs.1000/- for himself as a gratification from Shobhabai Nandkishore Mittal resident of Jalna to show her favour while doing official duty to prosecute her application in her favour against Rickshaw driver. Accused Nos. 1 and 2 accepted the amount and committed the said offence. The allegations against the accused were that the accused were attached to Sadar Bazar Police Station and accused No. 2 was working as Police Head Constable at the relevant time. At the relevant time, complainant Shobhabai was running grocery shop under the name and styled as 'Mittal Provisions near Mission Hospital, Jalna'. When One Riksha driver asked her to sell 5 liters kerosene, to which she refused, therefore, she was threatened by the said Auto Rickshaw driver and he had scuffle with her in her shop. It is undisputed position that the kerosene licence was in the name of husband of Shobhabai i.e. P.W. 4 Nandkishore Sitaram Mittal. According to the prosecution, on 04-04-1993 at 4.30 p.m. said Rickshaw driver had conversation in respect of sale of kerosene and threatened the complainant and therefore, complainant Shobhabai went to Sadar Bazar Police Station and lodged report with Officer In charge of Police Station. She narrated the whole incident of threat by Rickshaw driver to In-charge of Police Station and copy was given to Mr. Joshi after lodging the complaint. After lodging complaint, Shobhabai was just coming from police station and near gate of the said police station, she met accused Nos.1 and 2 Mr. Pawar and Mr. Bhalerao, respectively. Both the accused asked her to give them Rs.l000/-in order to prosecute Rickshaw driver. She replied that she is unable to pay the amount Rs.1000/- immediately and asked them to wait for some day. The accused told her that they will not take cognizance of her complaint unless the amount is paid. If the amount is not paid, complainant Shobhabai would be prosecuted for lodging false complaint against Rickshaw driver. After this conversation between the accused and complainant, the complainant left the said place.

3. On 06-04-1993 husband of the complainant arrived at 9.30 p.m. The complainant told her husband that, both the accused told that if the amount of Rs.1000/- is paid then they will prosecute Rickshaw driver. Else, if the amount is not paid, in that case, they will take action against the complainant for filing false complaint. The complainant told the accused that she will pay the said amount on next day after withdrawing the same from the bank and the accused persons asked the complainant to give on next day.

4. It was further case of the prosecution that telegram was sent to Anti Corruption Bureau, Jalna that the accused are asking Rs.1000/-from the complainant. Her complaint was reduced into writing by Mr. Paliwal, Deputy Superintendent of Police, Jalna. The concerned Deputy Superintendent of Police called two panchas, one of which Smt. Gandhe, was a lady panch. On 07-04-1993 after calling panchas and after collecting Staff to effect raid, Deputy Superintendent of Police took further steps. The complainant was introduced with panchas. The complainant narrated origin of the case i.e. demand of Rs.1000/-by both the accused to prosecute against Rickshaw driver. The Deputy Superintendent of Police made necessary arrangement for trap. Necessary procedure was told to the prosecution witnesses. Anthracene powder was applied to the notes of Rs.1000/- wh