1. Feeling aggrieved by the judgment and order dated 7th August 2007 passed by the Special Judge (under Prevention of Corruption Act), Gondia in Special Criminal Case No. 1 of 2005 whereby respondent/accused has been acquitted of the offences punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, the appellant-State has preferred the present criminal appeal.

2. Facts of the prosecution case are that complainant Kamalkumar Nagpure wanted to get his agricultural land measured since a dispute had arisen between him and adjacent land owner as to in whose field, two teak trees were standing. According to complainant, when measurement was to be carried out on 24.9.2004, accused Dhumbhare who was to perform the actual activity of measuring, demanded Rs. 5000/-from complainant to show him favour. On 24.9.2004 accused along with one Kaware came to the house of complainant. Land was measured and thereafter accused again came to the house of complainant and demanded Rs. 5000/-to show in his report that two teak trees were standing in the field of complainant. Complainant was called in his office by accused on 27.9.2004. Complainant approached the office of Anticorruption Bureau and lodged his complaint.

3. On receiving complaint, ACB Officer Mr Kore called two panchas for pre-trap panchanama from the Public Works Department, Zilla Parishad, Bhandara. When pancha witnesses came to the office of ACB, their consent was obtained to act as panchas. They were explained the purpose of trap and given demonstration of phenolphthalein powder and sodium carbonate. Pre-trap panchanama was drawn. The raiding party then proceeded to the spot where trap was led after it received requisite signal. Amount of bribe was seized. Report was lodged against the accused with Gondia (City) Police Station for the offences punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act. Seized articles were sent to Chemical Analyser for analysis and report. Statements of pancha witnesses came to be recorded. Panchanamas were prepared and after completion of investigation, sanction was obtained and chargesheet was filed in the Court for trial according to law.

4. Charge was framed against the accused. It was explained to him in vernacular to which accused pleaded not guilty and claimed to be tried. His defence is that of total denial.

5. Learned Special Judge after taking into consideration the evidence led on record and hearing parties, acquitted the accused/respondent of the offences with which he was tried.

6. Learned Additional Public Prosecutor strenuously argued that the learned Special Judge did not appreciate the evidence in its proper perspective. According to learned APP, observation of the learned Special Judge that except Kaware, no other person was present to say that accused demanded Rs. 5000/-from the complainant, is contrary to record. According to learned APP, finding of the learned Special Judge that non-examination of said Kaware was fatal to prosecution, is perverse. He submits that demand and acceptance has been duly proved in the present case and impugned judgment & order of acquittal is liable to be converted into the order of conviction and sentence according to laws.

7. Learned counsel for the respondent/accused, on the other hand, supports the impugned judgment and order of acquittal.

8. Complainant Kamalkumar deposed that as directed by accused, he went to the office of accused on 27.9.2004 with money along with pancha no.1. Dhumbhare then by making gesture asked as to whether amount was brought. When he tried to give money, accused asked him to accompany him to a hotel and in the hotel, amount of Rs. 5000/-was handed over to the accused which he accepted.

9. P. W. 2 Sanjay who allegedly acted as pancha, deposed that when he was taking snacks in Delhi Hotel, accused and complainant went to counter where complainant paid the bill. He further depos