1. The appeal is filed against the Judgment and order dated 10/08/2000 passed by the learned Special Judge, Nagpur in Special Case No. 31 of 1989 whereby the respondent/accused was acquitted of the offences punishable under Section 7 and Section 5(1) (d) read with Sections 5(2) and 13(1)(d) read further with Section 13(2) of the Prevention of Corruption Act, 1988.

2. Heard the submissions by the respective counsel. Perused the evidence on record and the impugned Judgment and order.

3. The facts, briefly stated, are as under:-

One Abdul Azim lodged a report (Ex.114) on 19/08/1988 at about 11.30 a.m. with Anti Corruption Bureau at Nagpur informing that his father is a Tenant at monthly rent of Rs. 25/- in the house of Shaikh Usman. The house has become dilapidated and the landlord was not repairing the house deliberately. Therefore, the Nagpur Municipal Corporation had issued a notice to the landlord for effecting the repairs, but the landlord has not carried out the necessary repairs, despite request made by the Complainant. Therefore, two months earlier, the tenant had approached the Nagpur Municipal Corporation for permission to carry out repairs. The Complainant got permission for repairs from the Municipal Commissioner, Municipal Corporation, Nagpur. The Complainant took the permission from the Building department at about 3 p.m. on 18/08/1988 and requested the Engineer concerned to issue a notice to the tenant as was issued to the landlord; but, the Engineer said that the date is over and demanded a sum of Rs.500/-to issue notice to the tenant as desired. The demanded sum was reduced to Rs. 300/- after the negotiations with the Engineer, but he told that, if amount is not paid, then he will not be able to carry out the repairs. The complainant agreed to pay the sum reluctantly. The complainant was called on the next day, but as the complainant was not willing to pay the amount, he made a complaint to the ACB, Nagpur.

4. P.I. Rahane received the report and requisitioned the panchas. In the office of the ACB, they were introduced to the Complainant. The panchas verified the complaint lodged by the complainant and satisfied themselves about the complaint lodged by the complainant. P.I Rahane explained the use of phenolphthalein powder and Sodium Carbonate solution. The complainant was asked to produce the sum of Rs. 300/- which he had offered to bribe the accused. Serial numbers of the notes were noted down. Complainant was asked to produce the articles and list of those articles was prepared vide Ex.15. P.I. Rahane instructed Head constable Lalji to give demonstration of phenolphthalein powder bottle and Sodium Carbonate solution which were kept in sealed almirah and were taken out on the table. Solution of the Sodium Carbonate was prepared. H.C. Lalji dipped his fingers in the solution, but the colour did not change. Seal of the phenolphthalein powder was broken. H.C. Lalji dusted his fingers with phenolphthalein powder, but the powder was not visible on his fingers. When H.C. Lalji dipped his finger in the fresh Sodium Carbonate solution, it's colour changed to purple. Thus, the panchas and the complainant came to know that the phenolphthalein powder if comes in contact with the solution of Sodium Carbonate, it's color turns purple. Phenolphthalein powder was dusted on the currency notes of Rs.300/- from both sides with the help of a brush. Those folded currency notes were kept in the hip pocket of the Complainant and he was instructed not to touch the currency notes unless demanded by the Official concerned and that the money should not be given forcibly to the Official. The complainant was also instructed that pancha no. 1 will be with him and that he should open talk of his work with the Official concerned and when money is demanded, he should give money to the Official and after acceptance of the amount, he should come out at a conspicuous place and give signal with the help of a handkerchief by cleaning h