JUDGMENT :

K.R. Shriram, J.

1. This is an appeal impugning an order and judgment dated 29.8.2003 passed by the Special Judge (Prevention of Corruption Act) Thane, acquitting respondent of offences punishable under Sections 7 (Offence relating to public servant being bribed), 13(1)(d) and 13(2) (Criminal misconduct by a public servant) of Prevention of Corruption Act 1988.

2. The prosecution's case in brief is that one Riyaz Ahmed Khan resident of Mumbra who is PW-1-complainant and carries on business at Kalwa, had applied for license of revolver/pistol on 2.9.2000. The application was sent to the office of Police Commissioner which ultimately came to Mumbra Police station for preliminary inquiry. The application was entrusted to accused for making inquiry. It is alleged that accused had recorded statement of PW-1 complainant and on the next date he called PW-1 to his office at Mumbra police station and demanded a sum of Rs. 15,000/- for sending favourable report. PW-1 was told by accused that if this amount is not paid, the work could not be done and accused would send a report recommending refusal to issue license.

3. It is alleged that on 22.2.2001 accused called PW-1 Riyaz Khan to h