JUDGMENT :

S.M. Gavhane, J.

1. This appeal is directed against the acquittal of the respondent (hereinafter referred to as 'accused') for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as 'the Act') as per the judgment and order dated 13/06/2011 in Special Case No. 01/2008 passed by the Ad-hoc District Judge-1 and Assistant Sessions Judge, Jalgaon.

2. Facts leading to institution of the present appeal, in short, are as under;

(a) The accused was working as a Section Engineer in Zila Parishad, Jalgaon, Sub Division Erandol during 12/03/1979 to 19/06/2007 and as such he was a public servant within the meaning of Section 2(c) of the Act. Certain houses were to be constructed under the "Indira Awas Yojana" (hereinafter referred to as 'the Scheme') at Kasoda by the Zilla Parishad, Jalgaon.

(b) The complainant Shamrao Bhimrao Chaudhari (P.W. 1) had purchased plot No. 64 from Gat No. 19 situated at Kasoda. He wanted to construct one house on the said plot under the Scheme during the financial year 2006-07. As such the complainant was one of the claimants of one house under the scheme.

(c) It is the case of the prosecution that an amount of Rs. 30,000/- was sanctioned to the complainant from the Government for the house under the scheme. In fact he was to receive Rs. 28,500/- towards the reimbursement from the Government and he was supposed to contribute remaining amount of Rs. 1,500/-. Initially he received Rs. 7,000/- from the Panchayat Samiti, Erandol to start the construction of the house. He completed the work of the plinth and showed the photographs of the same to the accused and requested accused to sanction the remaining amount. It is alleged that at that time the accused demanded Rs. 1,500/- to the complainant as a bribe. The complainant told accused that he would think about the same (bribe) at the time of last installment. Thereafter, on 28.03.2007 the complainant received cheque for Rs. 18,000/- from the Panchayat Samiti. Thereafter, he completed the work of construction of the wall of his house.

(d) It is further case of the prosecution that on 10/06/2007 the accused came to the house of complainant at Kasoda and inspected the site where the complainant was constructing the house and made demand of Rs. 1,500/- as a bribe. The complainant told him that he will pay the said amount to him after coming Tuesday after he would receive the amount. However, he could not meet the accused due to illness of his wife and his daughter. On 16/06/2007, the accused once again met the complainant and once again demanded Rs. 1500/- towards the bribe. Accused told him to come to his office on 19/06/2007 at Erandol and to pay the said amount to him there. Complainant was not willing to pay the amount of Rs. 1500/- to the accused as a bribe, hence, on 18/06/2007, he lodged complaint as above with Anti Corruption Bureau (for short ACB office) Jalgaon.

(e) Thereafter, Dy. S.P. Sonar (P.W. 4) called two panchas, namely, Laxman Vasudeo Kakade (P.W. 2) and Nilkanth Bhadu Rane on 18/06/2007 at 5.30 p.m. in the ACB office, Jalgaon to act as a panch and they were again called on the next day in the ACB office, Jalgaon in the morning. On 19/06/2007 the complainant as well as panchas had come in the ACB office, Jalgaon. The complainant had given an amount of Rs. 1500/- and that amount was two currency notes of Rs. 500/- denomination and five currency notes of Rs. 100/- denomination. Anthracene powder was applied to said notes and they were kept in the pocket of shirt of the complainant. Dy. S.P. Sonar had given instructions to the complainant and panchas and it was decided to lay trap on 19/06/2007 at 11.45 a.m. in the office of the accused at Erondol. Accordingly to the pre-trap panchnama (Exh. 26) was prepared. Thereafter, the complainant, panchas and the raiding party proceeded towards Erondol for laying the trap. The complainant and P.W. 2 (panch No. 1) went in