JUDGMENT :

1. Aggrieved by the judgment and order of the Special Court (ACB), Nagpur, delivered on 6th April, 2009, the State has preferred this appeal. The Trial Court has acquitted respondent of offences charged under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act).

2. PW-1 Manohar Ramchandra Yetikumbhare is complainant; PW-2 Bhola Kisan Gedam is panch witness – shadow witness; PW-3 Dr. Bhushan Kumar Madanmohan Upadhyay is Competent Authority, who gave sanction for the prosecution; and PW-4 Sunil Vinayak Kelkar is Investigating Officer. The defence also examined one witness called DW-1 Dr. Manohar Parashram Maheshgawai.

3. It is prosecution’s case that PW-1 had lodged a complaint on 22nd July, 2003 against one Madhukar Neool, resident of Bharatwada Village. They had a dispute over land. Madhukar Neool also lodged a complaint against PW-1. The complaints filed by both PW-1 and Madhukar Neool were given to accused for enquiry and further investigation.

4. On 7th August, 2003, accused visited Village Bharatwada and conducted an enquiry. Accused that time was working as Assistant Police Sub-Inspector at Kalmeshwar Police Station. It is