The appeal is filed against judgment and order of Special Case No. 16/2009, which was pending in the Court of Special Judge and Additional Sessions Judge, Ahmednagar. The respondents are acquitted of offences punishable under section 8, 13(1)(d) r/w. 13(2) of Prevention of Corruption Act, 1988.

2. Both the sides are heard. This Court has perused the original record.

3. In short, the facts leading to the institution of the appeal, can be stated as follows :At the relevant time accused No. I was working as Junior Engineer in Nighoj office of M.S.E.B. Accused No.2 was working as Private Contractor, who was having licence in respect of installation of connections for M.S.E.B. The family of complainant Machindra wanted to take connection of electricity in their land Gat No. 907 from village Shira pur, Taluka Pamer. They wanted to install motor pump on the well. The land was standing in the name of grandfather of the complainant. Father of complainant approached office of M.S.E.B. in January 2009 and gave application for getting connection. Accused No.2 approached father of complainant and informed that it was necessary for them to pay Rs. 10,000/- as a bribe amount and only after giving this amount to accused No. 1, they would get connection. On the day on which receipt in respect of application was given by the accused No.2, father of complainant gave Rs. 6,000/-. The remaining amount of Rs. 4,000/- was to be given subsequently. The quotation in respect of connection was to be prepared and after handing over the quotation., the amount mentioned on the quotation was to be paid by the father of complainant and only after that the connection was to be given. The work of issuing quotation was expected to be done by accused No. 1 and accused No.2 was to act as a middleman for accused No.1.

4. On 16.3.2009 complainant and his father met accused No. 2 to make inquiry. Accused No.2 showed a quotation to the complainant and his father and informed that it was necessary for them to deposit Rs.5400/-. He refused to hand over the quotation by saying that the remaining amount of Rs.4,000/- must be paid first. Accused No.2 said to complainant and his father that they had taken atleast Rs. 16,000/- from others, but they were asking the family of the complainant to give only Rs. 10,000/-. The complainant had no intention to give the bribe and so he approached Anti Corruption Bureau (ACB).

5. On 17.3.2009 ACB received the complaint and prepared plan of action. The bribe amount was supplied by the complainant. After completing necessary formalities, complainant was sent to the office with one panch witness. The bribe amount was given to the complainant after applying anthracene powder to it. After 2.45 p.m. complainant and the panch witness reached the office. They entered the office and then they came out and stood under the Neem tree. Accused No.2 came there. In the presence of panch witness, when the complainant made inquiry about his quotation, accused No.2 asked about Rs.4,000/- and he said that if the amount was brought, he would collect the quotation from accused No.1 and he would hand it over to complainant. Complainant then handed over tainted money to accused No.2. Accused No.2 accepted the amount, counted it and kept it in the pocket of pant. Accused No. 2 then entered the office and went towards the table where accused No.1 was sitting. Accused No. 2 said to accused No. 1 that their work was done and so the quotation could be handed over to the complainant. Accused No.1 then handed over the quotation to the complainant. Complainant kept the quotation in the pocket of his shirt. When he was coming out from the office, pre-decided signal was given by the complainant and accused No. 2 was held in the premises of the office of M.S.E.B. by ACB Officers. Post trap panchanama was drawn. The entire incident narrated by panch witnesses came to be recorded in post trap panchanama. The tainted money came to be recovered from accused No.2. Th