1. This Appeal is directed against the Judgment and Order dated 14/08/2007 passed by the learned Special Judge, Chandrapur in Special Case No.6 of 1999 whereby the original accused no.1 was convicted of the offence punishable under Section 7 of the Prevention of Corruption Act (hereinafter referred to as “the Act”) and was sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.300/-and in default to suffer rigorous imprisonment for three months. For the offence punishable under Section 13(1)(d) read with Section 13(2) of the said Act, the original accused no.1 was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs.300/-and in default to suffer further rigorous imprisonment for three months. Accused no.2 was acquitted of all the offences with which he was charged.

2. Heard the submissions at the bar.

3. The facts, in the nutshell, are as under:

On 01/09/1998, Complainant Subhash Yelpulla an auto driver, was having fun with his two friends namely Kumar and Rajayya. At that time, one more friend Anil hurled a small stone, which hit against a passing Motor Bike. The rider halted and questioned the trio. He noted their names and directed them to appear in the Mahakali Police Chauki. He was accused no. 1 Yashwant Dadmal. The Complainant and his friends did not visit the Police Chauki as directed by accused no.1. Then, Bhaskar Eknath Gowardhan (accused no.2) was asked to search for the Complainant and his friends. On 04/09/1998, the Complainant with ‘Police Mitra’ Dindewar approached Mahakali Police Chauki. Accused no.1 disclosed to Dindewar that the Complainant shall pay Rs 400/-or else he will prosecute the Complainant. Dindewar disclosed this to the Complainant. They were told that the amount will have to be paid by 7 p.m. on the same day. The Complainant agreed to pay the amount and then left the Police Chauki.

4. The Complainant then approached the A.C.B., Chandrapur to lodge complaint. Deputy Superintendent of Police Shri Hiware recorded it (Ex.40). Pre-trap Panchanama (Ex.13) was drawn by arranging the pancha from the Office of the District Welfare Officer. The Complainant and the Pancha proceeded to the Mahakali Police Chauki followed by the raiding Party. When they reached near the Chauki, accused no.1 met and inquired as to why the Complainant was delayed. The Complainant told him that it was raining. When accused no.1 inquired about the money, the Complainant told him that he had brought the amount of Rs 300/-, as instructed. The Complainant took out the marked currency notes and handed over the same to accused no.1. He accepted in his right hand and kept by his left hand inside his left pant pocket. Then, accused no.1 asked the Complainant to provide him 'Kharra'. The Complainant, accused no.1 and the Pancha went near the Pan Stall where accused no.1 obtained the 'Kharra'. Panchas also obtained another packet. The Bill of Rs.5.50 was shared by the Complainant and the Pancha. When the Complainant asked accused no.1 as to whether there would be prosecution, accused no.1 told that there will be no prosecution and asked accused no.2 to delete the name of the Complainant. After this, the Complainant gave a signal to the raiding Party who rushed towards the spot. They held the hands of accused nos. 1 and 2 and both the accused were taken to the Mahakali Police Chauki. About 50 feet away, accused no.2 fled away from the spot. Tests were carried out to detect the traces of the phenolphthalein powder. The articles seized were forwarded to the Chemical Analyser. Shri Hiware reported the offence to the Police Station, Chandrapur giving rise to Crime No. 3154 of 1998. Upon completion of the investigation, the accused were charge-sheeted. Charge was framed to which the accused pleaded not guilty and claimed trial.

5. The accused defended the case on the ground that the Complainant is the relative of Vijay Dindewar (Police Mitra). In the