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 30.08.2006, passed in Special Case No. 15 of 2002 by the learned Presiding Officer, Fast Track Court No. 15, Vadodara, recording the acquittal.

2. The facts, in brief, are that a complaint was filed against one Ganpatbhai Budhabhai by Ibrahimbhai Malek, resident of Bhayali village being application No.96/2002, investigation of which, was with accused No.1 – Dahyabhai Kalidas Parmar, who was Writer – Constable and accused No.2 – Punambhai Kishanbhai Bhaliya, Unarmed Head Constable, was the Assistant Writer of the accused No. 1 and the accused No.3 – Smt. Lilaben Ramsinh Chauhan, ASI, was working as a Writer Head in the Taluka Police Station as well as was being Police Station Officer, had been handling the Station Diary duty. The accused No.1 allegedly called the respondent in the said application – Jayantibhai Budhabhai at the Taluka Police station and demanded bribe of Rs.1,000/- for bail related procedures, which, after bargaining, eventually, finalized at Rs.400/-. The respondent of the said application was as