JUDGMENT

K K Sonawane, J. - The instant matter calls-in-question the legal issue of previous sanction as contemplated under Section 19(1)(c) of the Prevention of Corruption Act, 1988, therefore, leave to present an appeal under Section 378 of Code of Criminal Procedure is hereby accorded. The appeal be registered accordingly.

2. Heard the learned counsel for the parties.

3. Admit. The appeal is taken up for its finality on merit at the stage of admission, with consent of both sides.

4. The prosecution-State of Maharashtra, taking recourse of remedy under Section 378 of Cr.P.C, preferred the present appeal and put-incontroversy the validity and legality of the impugned Judgment and order of acquittal of respondent-accused for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, rendered by the Special Judge, Jalna in Special (PCA) case No. 12 of 2013 dated 29-08-2017.

5. The allegation nurtured on behalf of appellant-prosecution against the respondent-accused in short compass is that, the complainant Shri Dilip S/o Trimbakrao Pimple r/o Kalegaon, Ta. and District Jalna, on 01-01-2013, approached to ACB Sleuth, Jalna and lodged the grievances that he owned the land Gut No. 135 admeasuring 1H. 73 R at village Kalegaon. He was the small and marginal farmer. Therefore, the proposal to dig the well in his land under the MREGS was sanctioned in the year 2011 by the concerned revenue authority. Accordingly, the work of construction of well was completed in the year 2012. The complainant Shri Dilip Pimple was intending to get release the final bill of labour charges from the Government Authority for construction of well under employment guarantee scheme. Therefore, he was in need of 7/12 extract having mutation entry of well in it. He had also obtained the letter from Gram Panchayat addressed to concerned Talathi for mutation of his well in revenue record. Moreover, he was also intending to install electric meter on the well. Therefore, on 13-12-2012 he approached to the accused Shri Bhikan Bismilla Maniyar, Talathi of his village and requested him to take the entry of his well in 7/12 extract. Accordingly, the requisite application accompanied with all relevant documents were given to the accused - Talathi under acknowledgment dated 13-12-2012. But, while meeting at Tembhurni bus stop,on 19- 12-2012, the accused Talathi demanded the bribe of Rs. 1000/- for mutation of his well in revenue record. However, after negotiation he agreed to accept Rs. 500/- as bribe for showing favour in his work. The complainant Shri Dilip Pimple again contacted with the accused on 31- 12-2012 on his cellphone. The accused asked the complainant to come with bribe amount of Rs. 500/- on Wednesday i.e. 2nd January, 2013 in between 10.00 to 11.00 at village Kumbharzari for 7/12 extract of his well. The complainant Shri Dilip Pimple was not willing to pay the bribe to the accused - Talathi. Therefore, he approached to concerned ACB sleuth on 01-01-2013 and filed the complaint. The Police personnel Dy.S.P. Mr. Girme, secured the presence of panch witnesses. The formality of pre-trap panchnama was complied with, and thereafter, the members of raiding party including complainant Shri Dilip Pimple proceeded to lay trap at village Kumbharzari, District Jalna. Accordingly, on 02-01-2013, respondent-accused was caught raid handed while demand and acceptance of the tainted currency notes as bribe from the complainant Dilip Pimple. The post trap panchnama was drawn in presence of panchas. The tainted currency notes came to be recovered from the possession of respondent-accused. Thereafter, the Senior Police Personnel, Dy.S.P. Shri Girme lodged the FIR to the Police of Tembhurni P.S.

6. Pursuant to FIR of Shri Girme, the Crime No. 3001 of 2013 was registered and the investigation was set in motion. IO recorded statements of witnesses acquainted with the facts of the case. He collected the relevant documents of t