JUDGMENT :

1. This is an appeal impugning an order and judgment dated 23rd May 2008 passed by the District Judge-1 and Special Judge (under P.C. Act) Pune, acquitting respondent (accused) of offences punishable under Section 7 (Public servant taking gratification other than legal remuneration in respect of an official act), Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (PC Act).

2. According to prosecution, one Vimla Kishnani had filed a Special Civil Suit No.58 of 2000 in the Court of Civil Judge, Senior Division, Pune. Due to old age, Vimla Kishnani could not attend to the matter personally and therefore, gave a power of attorney to her son-in-law Kamlesh Giridharilal Sharma, complainant (PW-1), for prosecuting the said suit. After decree, execution application no.159 of 2002 was filed for recovery of the amount. Judgment debtor deposited the amount in the said execution proceedings from time to time. On 2nd September 2003, judgment debtor deposited the balance amount of Rs.22,000/- in Court.

3. Accused was working as Junior Clerk in the said Court and was looking after the execution proceedings. After judgment debtor deposited the amount of Rs.2