JUDGMENT

K R Shriram, J. - This is an appeal impugning an order and judgment dated 5th August, 2006 passed by the Special Judge, Under (P.C. Act) Pune, acquitting the respondent (hereinafter referred as accused) of offence punishable under Section 7 (Public servant taking gratification other than legal remuneration in respect of an official act) and Section 13 (1) (d) read with Section 13 (2) (Criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988.

2. It is prosecution's case that Sambhaji Namdeo Sakhare (P.W.1) complainant and his family members were served with notice dated 28/02/2003 informing them about compensation of Rs.1,19,290/- to be paid to them against acquisition of their property. The notice was issued by the office of Sub-Divisional Officer, Maval Sub-Division. Out of this Rs.1,19,290/-, Rs.30,000/- was towards compensation of the building in the acquired land. On 07/08/2003 when P.W. 1 went to the office of Sub-Divisional Officer at Maval to collect the amount of compensation, accused demanded Rs.1,000/- for preparing and giving a cheque of Rs.30,000/- out of the total amount of compensation. As P.W. 1 did not have that much amount, it is al