SWAPNA JOSHI, J.

1. The respondent (hereinafter referred to as “the accused” for the sake of brevity) who was serving as a Nazul Surveyor in the office of Taluka Inspector of Land Records at Chandrapur, at the material time, was prosecuted on the allegations of having committed the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The learned Special Judge, Chandrapur, by its judgment and order dated 25.01.2011 delivered in Special Case No. 7 of 1999, acquitted the accused of the aforesaid offences. Having aggrieved by the judgment of acquittal delivered by the learned Special Judge, Chandrapur, the appellant-State has preferred the present appeal.

2. In brief the prosecution case is that; complainant (PW-1) Sumedh Motiram Shinde was residing in Naginabag Ward at Chandrapur in his ancestral house. There was a Nazul land of 900 sq. ft. bearing Plot No. 11/2, Block No. 19, Sheet No. 5, adjacent to his house. The complainant had applied to the Sub-Divisional Officer, Chandrapur for getting the said land permanently. The Nagar Parishad and Town Planning office issued "No Objection Certificate" in that regard. The accused was serving as a Nazul Surveyor in the office of Taluka Inspector of Land Records at Chandrapur. The Naib Tahsildar issued one letter to the Nazul Surveyor for the report of valuation of the said land. About 8 days prior to the lodging of the complaint, the complainant met with the accused being a Nazul Surveyor and enquired about the valuation report. The complainant requested the accused to send the report expeditiously. On which the accused said that he has to bear the expenses of Rs. 3000/- for getting the valuation report. On the request of the complainant the amount was reduced to Rs. 2,500/-. The accused again said that unless and until the amount of Rs. 2,500/- is paid, the report would not be sent and if the said amount is paid, he would report the valuation of less amount. The complainant told the accused that he would think over it and thereafter inform him about the payment. On 09.10.1998, the complainant went to the office of the accused and requested him to send the report expeditiously. The accused again demanded amount of Rs. 2,500/. The complainant asked for 2/3 days for making the said payment. On which the accused asked him to bring the amount till the evening of 12.10.1998. The accused said that if he is not available in the office the amount should be brought to his house. As the complainant was not intending to pay the said bribe amount to the accused, he lodged oral complaint with Anti Corruption Bureau, Chandrapur on 12.10.1998 (Exhibit-23). Radhakrishna Sharma PW-5 the officer of the Anti Corruption Bureau, Chandrapur, recorded the complaint of the complainant. He called for two witnesses from the office of Zilla Parishad, Chandrapur. (PW-5) Radhakrishna Sharma selected two panchas and as the offices of the Anti Corruption Bureau and Nazul Surveyor were closed to each others, as a precautionary measure, he took the complainant, panch witnesses and staff members to the rest house of the Forest Department. Thus, the rest house of the Forest Department was used as a Anti Corruption Bureau office in the proceedings of raid. The panchas and complainant were given the demonstration as to change of colour on application of the Phenolphthalein powder and Sodium Carbonate. The Phenolphthalein powder was applied to the currency notes consisting of two notes of Rs. 500/- and 15 notes of Rs. 100/- (total Rs. 2,500/-) and they were kept in the pocket of shirt of the complainant. The complainant and one panch Maya Chawre along with the raiding party proceeded to the office of the accused. However, as the accused was working in the office he asked the complainant to visit his house during night time or in the next day morning. The raiding party, therefore, returned to the rest house and prepared the panchanama no. 2 (Exhibit-31) b