1. The State is in appeal against acquittal of the Respondent in respect of the offences punishable under Sections 7 read with 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'). The corresponding judgment passed on 18.10.1996 by Special Judge (under the Act) at Seoni in Special Criminal Case No. 3/96 is the subject-matter of challenge in this appeal.

2. At the relevant point of time, the Respondent was posted as Assistant Commissioner (Tribal Development), Seoni whereas the complainant Alam Singh Dhurve, appointed as Lower Division Clerk in the High School, Dhutera, was attached to his office.

3. The prosecution case, in short, may be stated thus

On 09.08.1995, the Respondent transferred the complainant to the office of District Panchayat at Vinjhawada. Not inclined to work at Vinjhawada due to personal difficulties, on 12.08.1995, the complainant made a representation against the transfer but the Respondent not only insisted upon him to join the new assignment but also stopped payment of salary. However, when the complainant again requested him to cancel the transfer as well as to release the salary for the month