ORDER

This appeal is directed against the judgment and order passed by the High Court of Judicature at Bombay, Aurangabad Bench in Criminal Appeal No.6 of 1997, dated 24.11.2008 whereby the High Court has set aside the order of acquittal passed by the Trial Court in Special Case No.2 of 1993, dated 01.07.1996.

2. The prosecution’s case is as follows:

The appellant was, at the time of the alleged incident, working as the “Sheristedar” in the Court of the Civil Judge. The complainant had been the defendant in Civil Suit No.598/88. A decree dated 21.01.1992 was passed against him by the Civil Court wherein he was directed to transfer vacant possession of his residence to the plaintiff-landlord. The Court had further granted him leave to file an appeal against the said decree till 12.02.1992. To this end, the complainant filed an application dated 22.01.1992 for getting certified copies of the judgment and order passed by the Court and deposited the requisite fee of Rs.50/-. Further, on 27.01.1992, he filed an application for extension of time for filing the appeal.

3. On 28.01.1992, the complainant approached the appellant in order to inquire about the issue of the said certified copies and the order made by the Court regarding his application dated 27.01.1992. The appellant informed the complainant that as yet, no order had been passed by the Court regarding his application.

4. On 30.01.1992, the complainant again met the appellant and was informed by the latter that he had been granted time till 10.02.1992 to file an appeal. The appellant further told the complainant that, if he desired to receive the certified copies at an earlier date, he should pay the appellant a sum of Rs.50/-. The complainant, in turn, informed the appellant that he had already deposited a fee of Rs.50/- and inquired about the purpose of paying an additional sum of Rs.50/-, to which the appellant responded that the sum paid by him earlier was the Government fee and that this additional sum was in exchange of providing him with the said documents at an earlier date. The complainant paid Rs.20/- to the appellant who accepted the same and instructed the complainant to give him the remaining amount on the next day.

5. The complainant, thereafter filed a complaint before the Inspector of Police, Anti Corruption Bureau, Ahmednagar. On the morning of 31.01.1992, pre-trap proceedings, including smearing the trap money with anthrocin powder, were completed. Immediately thereafter, the trap team proceeded to the Court premises. At about 02:15 p.m., the complainant, together with a Pancha witness, approached the appellant who took them to a nearby tea cart where they were joined by one Mr. Gavane (PW-5). The appellant told the complainant to pay PW-5 a sum of Rs.5/- but PW-5 refused the money. The complainant inquired whether he should pay the amount and held out the tainted currency notes. The appellant wordlessly accepted the same and kept them in his pocket.

6. On the complainant’s signal, the trap team apprehended the appellant and PW-5. A detailed panchnama regarding the incident was drawn and an FIR was lodged against the appellant as CR No.II 72/92. Subsequently, on sanction for prosecution being received, the investigation was completed and a charge-sheet was filed before the Trial Court.

7. Thereafter, on summons being issued, the appellant appeared before the Trial Court. After both sides were heard, charges were framed against the appellant for offences under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, “the Act”). The charges were read over and explained to the appellant who pleaded not guilty. Consequently, the case was committed to trial.

8. The prosecution examined six witnesses and produced various documents. The appellant’s statement was recorded under Section 313(1)(b) of the Code of Criminal Procedure (for short, “the Code”) wherein he stated that he had been falsely implicated. The defense fu