This appeal is tiled against the Judgment and order of Special Case No. 6/87 which was pending in the court of Special Judge, Chandrapur. The trial Court has acquitted the respondent of the offences punishable under section 5(1)(d) r/w 5(2) of the Prevention of Corruption Act, 1947 and of the offence punishable under section 161 of the Indian Penal Code.

2. In short, the facts leading to the institution of the present proceedings can be stated as follows:

The original complainant Laxman is an illiterate villager. He hails from remotely placed village from Chandrapur District. On 3.3.1986 he had quarrel with one Anandrao Pal of his village. After the quarrel, he learnt that Anadrao Pal was searching for him an.d he was moving with a stick. Due to apprehension of Anandrao Pal, the complainant first went to the Ex-sarpach of the village and from him he got written a report against Anandrao Pal. He also got a letter of village sarpanch against said Anandrao Pal and with these two documents he went to Gondpipri Police Station at about 2.00 p.m. on 4.3.1986.

3. The accused was attached to this Police Station as a Police Head Constable. The accused received the report as he was In-charge of station diary. Anandrao Pal was already present in the Police Station. After reading the report of the complainant, the accused started giving abuses to the complainant. Accused gave two slaps to the complainant and he gave threat to the complainant that the complainant would be sent behind bars. The accused then took the complainant to a room where he assaulted the complainant with baton on his back. Thereafter, the accused told the complainant that, the complainant should give him Rs 500/- otherwise the complainant would be kept behind bars. Due to fear, the complainant agreed to pay Rs. 200/-. He had no capacity to pay more amount. On that day, the complainant was having an amount of Rs. 25/- with him and accused took Rs. 20/- from that amount. Accused allowed the complainant to leave the police station but the complainant was warned to return with the amount of Rs.200/- and threat was given that if the amount was not paid, the complainant would be sent behind bars. The complainant approached the A.C.B. Office, Chandrapur on 6.3.86 and he gave complaint against the accused.

4. Mohd. Yasin was working as Deputy Superintendent of Police in A.C.B. Office. After receipt of the complaint, he prepared a plan of action. He collected two independent panch witnesses from S.D.O. Irrigation Department. He gave information to the panch witnesses about the complaint. He arranged to give demonstration of use and detection of phenolphthalein powder (for short, the powder) to the panch witnesses and to the complainant. The amount of Rs. 200/- (one currency note of Rs. 100/- denomination and two currency notes of Rs.50/- denominations) were supplied by the complainant for the trap. The powder was applied to these currency notes and numbers of these notes were noted in pre-trap panchanama. The wad of these three notes was kept in the chest pocket of the shirt of the complainant. The remaining articles were kept in one fold of dhoti which complainant was wearing. As per the plan, the panch witness Mr. Khobragade was to remain in the company of complainant as the shadow witness and the other witness was to be with the police officers. Specific instructions were given to the complainant not to touch tainted notes till there was a demand of money from the accused. The pre-trap panchanama was prepared accordingly in the office of A.C.P.

5. Mohd. Yasin took the panch witnesses, complainant and he went along with the required articles to Gondpipri in a jeep. The vehicle was stopped at some distance from the police station and from there the complainant and panch witness Shri Khobragade went on foot towards the police station. The other members of the trap team followed them by keeping sufficient distance. After reaching near the Police Station, the complainant n