1. This appeal is filed by the appellant/original complainant against the judgment dated 31st January 2012, delivered by the Special Judge (under the Prevention of Corruption Act, 1988), Pune, acquitting the respondent-original accused from charges under Sections 7, 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988 (for short "P. C. Act").
2. Brief facts relevant for the present appeal are as under:-
(i) On 27th September 1995, the respondent/accused was appointed for the post of medical officer under the orders of the Governor of State of Maharashtra by the Principal Secretary. At the relevant time, the accused was posted as medical officer at Rural Hospital, Paud, District Pune.
(ii) It is the claim of the complainant-Laxman Tukaram Pingale that the respondent/accused sought a bribe of Rs. 100/-for the purpose of issuing a medical certificate to certify his injuries. Mr. Pingale stated that he was assaulted by his nephew on 12th February 2007 and due to inflictment of the injury lodged a complaint to Paud Police Station against his nephew. The Police officer Shri. Shaikh of Paud Police Station gave him a requisition letter to go to Gramin Rugnalaya Paud and to get himself medically checked. The respondent/accused-Dr. Anil Shinde treated him and when Mr. Pingale sought medical certificate to submit it to the Police Station, it is alleged that the respondent/accused demanded Rs. 100/-for the purpose of issuing a certificate. Mr. Pingale, thereafter, made a complaint to the Anti-Corruption Bureau (ACB) and a trap was laid on 15th February 2007 by ACB. However, it is stated that on 15th February 2007 when the team of ACB visited the hospital, they were informed that the respondent/accused was on leave and, therefore, the trap was called off.
(iii) On 20th February 2007, Mr. Pingale and the officers of the ACB laid a second trap and the respondent/accused fell into the trap and, thereafter, the proceedings were initiated to prosecute the respondent/accused under the Prevention of Corruption Act (P. C. Act). The sanction for prosecuting the respondent/accused was granted on 6th December 2008, by Shri. S. B. Bhoir, Under Secretary to the Government of Maharashtra.
(iv) On 16th June 2011, the Special Judge, Pune explained the charge to the respondent/accused that he is being charged for an offence punishable under sections 7, 13(1)(d) and 13(2) of the P. C. Act. The respondent/accused pleaded not guilty and, therefore, the case was tried by the Special Judge.
(v) The prosecution led evidence of Shri. Laxman Pingale-PW1, complainant, Shri. Govind Nipunge-PW2, one of the Panch, Ms. Radhika Phadake-PW3 Inspector ACB, Pune and Shri. Sharad Bhoir-PW4, Under Secretary, Public Health Department. The statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was also recorded. The learned Special Judge after perusing the evidence and hearing the Public Prosecutor for the State and Advocate for the accused delivered the judgment acquitting the accused.
(vi) Briefly, the Special Judge observed that sanction for prosecuting the respondent/accused was granted by the Under Secretary, who was not the competent authority to grant the sanction as per Section 19(1)(b) of the P. C. Act. Further, the sanction was granted without application of m........