JUDGMENT

K R Shriram, J. - This is an appeal impugning an order and judgment dated 23rd August 2005 passed by the Learned Special Judge, Bombay acquitting respondent (accused ) of charges framed under Section 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

2. It is prosecution's case that accused was working as Inspector in the license department in "M" ward of BMC. Complainant, P.W.-1 who was, an unlicensed fruit vendor, contacted accused on 26th April 2002 and requested for supplying forms required to be submitted for obtaining license. Accused did not have the required forms but informed P.W.-1 that even without filling and submitting the forms accused can help him to get the license but for that P.W.-1 will have to give him Rs.300/-. Therefore, on 29th April 2002, P.W.-1 approached ACB and lodged his report. The offence came to be registered and M. J. Patil- I.O. (P.W-4) investigated the same. Panch witnesses were arranged and it was decided to trap accused on 30th April 2002. Pre-trap formalities were completed and complainant with shadow panch were given instructions as to how accused should be trapped. Prosecution apprehended accused when he was foun