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 30.06.2005, passed in Special (Corruption) Case No. 18 of 2002 by the learned Special Judge, 3rd Fast Track Court, Valsad, recording the acquittal.

2. The facts, in brief, are that the respondent (original accused) was working as a RTO Inspector at Bhilad Check post in and around June 1996. At the relevant time, complainant Shri Harishchandrasinh Ramsinh Puwar, who was serving as a Police Inspector with Ahmedabad ACB, received a secret information that the respondent and the original accused No. 1 (dead), in connivance with each other, used to collect Rs.50/- towards entry fee from the truck drivers passing through the check post. The original accused No. 1, who was working as an Assistant Inspector and happened to be the nephew of the respondent herein used to help in collecting such money. Accordingly, the complainant, after following due procedure, arranged a decoy trap and on 03.06.1996 at about 23:30 hours the original accused No. 1 was caught red-handed taking such illegal gratification. Further, the ACB of