JUDGMENT :

1. This is an appeal on behalf of the State as it is aggrieved by the judgment and order passed by the Special Judge and Additional Sessions Judge, Jalgaon dated 02-07-2002 in Special Case No.9 of 1997, which was tried for commission of offence under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (for short “the PC Act”).

2. Learned APP for Appellant State would submit that accused was working as Assistant Lineman in Maharashtra State Electricity Board (MSEB). Complainant is an agriculturist. Accused had demanded bribe under the garb of private fees to reconnect disconnected electricity connection. Therefore, complainant has approached Anti Corruption Bureau (ACB). Thereafter, trap was laid.

Demand was made and the learned trial Court has answered this point in affirmative. Even acceptance is held by the learned trial Judge to be proved and the said point is answered in affirmative. However, according to him, for only want of sanction, learned trial Court has acquitted accused. He submitted that grant of sanction was only upon due satisfaction. Sanctioning authority himself has stepped in the witness box, but the learned trial Court hold th