JUDGMENT :

1. This is an appeal impugning an order and judgment dated 19th June 2001 passed by the Special Judge, Pune, acquitting respondent of offences punishable under Section 7 and under Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (PC Act).

2. The facts in brief are that complainant - Baban Ganpat Sathe (PW-1) was a farmer residing at Nagargaon, Taluka - Shirur, District – Pune. Respondent was in the service of Deputy Director of Land Record, Pune, working as Nimtandar and at the relevant time, was posted at Shirur, District – Pune.

3. Complainant’s father wanted to correct the record of formation of block and hence, complainant applied in the name of his father to the Deputy Director of Land Record, Pune. About two or three years prior to the trial, new office of Land Record was established at Shirur. One Kamalakar Joshi was posted as Taluka Inspector of Land Record and respondent was working under Kamalakar Joshi as Surveyor. On the demand of the said Kamalakar Joshi, complainant and his nephew – Hanumant Sathe, gave bribe of Rs.500/- each on two occasions. The assurance was given by Kamalakar Joshi to complete the work but it was not done and records were not corrected by Kamalakar Joshi. Complainant re-submitted applications in the name of his father and complainant and his two brothers were called for recording statements.

4. It is alleged that respondent demanded bribe amount of Rs.1,000/- from complainant and informed complainant that unless the amount is paid, the work of complainant would not be done. Despite request of complainant, the bribe amount was not reduced and as no amount was paid, the work remained pending. It is alleged that complainant met respondent on many occasions but respondent repeated that unless his demand is fulfilled, the work would not be done.

5. On 9th December 1996, complainant met respondent in his office at which time, respondent once again demanded the bribe amount. Therefore, PW-1 (complainant) went to the office of A.C.B. Pune on 10th December 1996 and complained to P. I. - Sharad Ramchandra Survey, who is PW-4. PW-4 asked complainant to come on the next day. After complying with all the formalities and preparing pre-trap panchnama, the office of respondent was visited on 11th December 1996. At the office of respondent, PW-1 (complainant) and PW-2, panch witness, occupied the seats in front of respondent’s table. Respondent then said that he would complete the work of complainant and left the place after informing complainant that he will have a cup of tea and come back. Respondent was away for about 20 minutes and on his return, asked complainant whether he has brought the money. Complainant nodded in affirmative at which time respondent pushed one paper towards complainant and asked complainant to wrap the money in that paper. Accordingly complainant took out the bribe amount from the left pocket of his shirt, wrapped the amount in the paper and placed it under the file which was on the table of respondent. Respondent then took the paper, unfolded it, saw the contents and kept the same in the shelf below the drawers of his table. Respondent thereafter, informed complainant that his work will be done.

6. At that time, complainant got up, went outside, gave signal and then the raiding party entered. Respondent was identified by PW-2 to PW-4 and PW-4 caught respondent by both his wrists after disclosing his identity. Respondent replied that he has done nothing wrong and he was innocent. PW-2 pointed out that the bribe amount wrapped in a paper is kept in the shelf below the drawers of respondent’s table and on instructions of PW-4, the other panch witness, who was not examined, opened the door of the shelf, took out the wrapped paper in which the bribe amount was found. The fingers of respondent was checked for presence of anthracene powder but only on the fingertips of his left hand ring finger and the small finger a faint trace of anthracene powder w