JUDGMENT :

The challenge in this appeal is to the judgment and order dated 29th January, 2010 in ACB Special Case No. 50/2006 passed by the learned Special Judge, Greater Bombay, by which the Respondent (Orig. Accused) was acquitted for the offence punishable under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption (for short “P.C.”) Act, 1988. The Court below acquitted the accused primarily on the ground of invalid sanction and improbability about the demand and acceptance of bribe amount.

2. The brief facts of the prosecution case can be stated as under:

The Respondent (Orgi. Accused) was serving as an Assistant Police Inspector with MIDC Police Station, Mumbai. There was no dispute that the accused was a public servant within the meaning of Section 2(c) of the P.C. Act. On 16th February, 2005, the police have arrested a person namely Harjindersingh in connection with Crime No. 62/05 registered with MIDC Police Station. One Ranjit Tagge was the brother of arrested accused Harjindersingh. It is the prosecution case that Ranjit Tagge was acquainted with the complainant Jeevan Jadhav. Ranjit has informed the complainant about the arrest of his real brother on 17th February,