JUDGMENT :

1. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 30.10.2007, passed in ACB Case No. 12 of 2006 by the learned Additional Sessions Judge, Presiding Officer, Fast Track Court No. 11, Vadodara, recording the acquittal.

2. The facts, in brief, are that on 13.03.2006, complainant Rameshbhai Gordhanbhai Patanvadia, resident of Patanvadia Faliya, Tal.: Karjan registered a complaint before the ACB, Vadodara to the effect that he was having a Jeep bearing registration No. GJ-07-A-2216 in the name of his father and was earning by running the said jeep for commuting the passengers on Karjan – Nareshwar route. The jeep was duly insured and the complainant was also having valid and effective driving licence. As per his complaint, he used to give Rs.1,000/- as hapta (illegal gratification) to the respondent monthly. However, in March 2006, when he failed to give one such instalment as his Jeep was under repair and he was not having money, the respondent, threatened him that he would not allow him to run his Jeep on the said route and hence, on 12.03.2006, he gave Rs.200/- an