The main legal point established is that the prosecution must prove beyond doubt that the accused accepted illegal gratification, and in the absence of clear evidence, the accused cannot be convicted.

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 the shop. He gave names of other shopkeepers in the neighbourhood who had also received notices dated 25th July 1997. Four persons out of more shopkeepers had moved the Civil Court for stay. At that time when the accused asked the Complainant to remove the Tapari, they told him that they had moved the Court and they would be getting stay order. The accused told them that he will wait till they bring the stay order and will not remove the encroachment but each of the Tapari owner should give Rs.125/and thus total Rs.500/to him. They had agreed to this. They received the statusquo order on 5th August 1997. After the statusquo order was served on 5th August 1997, the accused Village Development Officer demanded Rs.500/and complainant had told him that he will collect the money and give the same to the accused. The accused told him to get Rs.500/by afternoon of 7th August 1997 and give it at the Village Panchayat. Complainant reported that he had collected the money but they did not want to give bribe to the accused and thus the complaint.

(B) Case of prosecution is that the complainant had produced, alongwith the complaint, copy of notice (Exhibit 10) which he had received as well as the statusquo order of the Court (Article A). PW4 P.I. Ambadas Savai decided to lay a trap. He secured presence of two Panchas from Government Dairy, namely, Shri Baban Galdhar (PW2) and one Shri Jadhav. They were asked to come in the morning of 7th August 1997. On 7th August 1997 the Panchas and complainant reached the A.C.B. office. Subhash Khandagale was also there. The complainant was asked to tell his complaint to the Panchas and the Panchas also verified the written complaint. The complainant had Rs.520/- with him. Rs.500/- which were in the denomination of Rs.100/- each, were separated and numbers were noted down. Remaining Rs.20/- and other personal articles were returned to complainant. The complainant and Panchas were given demonstration as to how anthracene powder works under ultra violet lamp. Procedure as to how the trap would be conducted was explained. The signal required to be given after the money is accepted was also explained. Pretrap Panchnama (Exhibit 14) was prepared between 8.00 10.00 a.m. on 7th August 1997. The raiding party then proceeded to Lasur Station from Aurangabad. At Lasur Station, at some distance from the Gram Panchayat, the complainant, Subhash Khandagale and Shadow Panch PW2 Baban Galdhar separated. While these persons went ahead, others lay in waiting. At the Gram Panchayat the complainant was asked by the accused to hand over money to one Clerk Shri Pokle. The complainant insisted that the accused should receive the money claiming that Pokle would also ask for money. The accused asked the complainant and Panch and Shri Khandagale to come