1. Appellant original accused (hereafter referred as ‘accused’) has been convicted in Special Case No.5 of 1998 under Section 7 and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 ("the Act" in brief) on 22nd November 2002 by Special Judge, Aurangabad.

2. The case of prosecution, in short, is as follows:-

(A) Complainant (PW1) Ganesh Baburao Shirsat was running a shop at Lasur Station, TalukaGangapur, Dist Aurangabad. He along with other shop keepers at the concerned shop had been served with notices by the Gram Panchayat Lasur Station to vacate the site as their occupation was by way of encroachment. The accused was, at that time, Village Development Officer Savangi and he was to carry out the removal of encroachment. On 6th August 1997 the complainant approached Police Inspector Ambadas Savai (PW4) who was working in Anti Corruption Bureau, Aurangabad and filed complaint Exhibit 9. Complainant had gone to the Anti Corruption Bureau along with one of the other shop keeper Subhash Khandagale. Complainant reported that at the concerned spot he had the Tapari i.e. small stall which was in the name of his father Baburao Shirsat from where he was running th