JUDGMENT :

1. The appellant – State of Gujarat has preferred the present appeal under Section 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 31.3.2006 passed by the learned Additional Sessions Judge, Fast Track Court No. 6, Vadodara (hereinafter be referred to as “the Trial Court”) in Special Case No. 9 of 2001, whereby the respondents-original accused were acquitted from the charges levelled against them under Sections 7, 12, 13(1)(d), 13(2) of the Prevention of Corruption Act.

2. The facts in brief giving rise to the filing of present appeal are as under:

2.1 The Assistance Director of Anti-Corruption Bureau ("ACB" for short) has received an information that the Police Officers of the Baroda Rural Traffic received illegal gratification amount from the drivers of the passenger vehicles, who ply their vehicles from Baroda to nearby area. Therefore, they have planned to arrange the trap and accordingly, they have arranged one Jeep Car and agreed the driver Riyazhussan Fakirmahomed Ghori to accompany them for arranging the trap. Thereafter, along with two panchas namely Hiteshbhai Kantilal Thaker and Mukeshbhai Vinubhai Shah, serving in the Forest Department, near the office of Assistance Director of ACB, Vadodara, they have started trap with the driver Riyazhussan Fakirmahomed Ghori, and asked the driver to be part of the trap and running trap and for that purpose they have given an instructions as to how he has to act and what is to be done, when he found the police officers at the relevant place. Before proceeding towards the place of trap, they have already performed the first part of the panchnama at the office of Assistance Director of ACB and thereafter, they have also performed the necessary tests. They have taken Rs.500/- as 5 currency notes of Rs.100 and put anthracene power on it and asked the driver of the Jeep Car that as and when he found any Police Officers at the relevant place, who asked or demanded the money, he has to give those tainted notes and that is how they have prepared the first part of the parnchnama at the office of the Assistant Director of the ACB, Vadodara and thereafter they started to reach at Sinor Chokdi, where present two respondents were on duty, the team asked the driver namely Riyazhussan Fakirmahomed Ghori, that as and when those constables demanded the amount, he has to give the said tainted currency notes, upon which the anthracene power was sprinkled. Thereafter, when they reached near the so called place they found that the respondents police personals were standing on the cross road and without there being any asking, the driver of the jeep car had asked the police personnel that he was having two travel buses and the Jeep Car and for the travel buses, he has already paid certain amounts and now with regard to the Jeep Car he has to pay the amount. Then ultimately they have given the amount of Rs.200/- from the tainted notes of Rs.500/- forcefully and then the raiding party has completed the procedure of the raid and arrested the present respondents accused for the alleged offence and filed the FIR under the provision of Sections 7, 12, 13(1) (d), 13(2) of the Prevention of Corruption Act, 1988.

3. The charge came to be framed by the Trial Court on 18.6.2005 vide Exhibit 8 for the aforesaid offences against the accused. On being explained it to them, the accused persons have denied having committed any offence. The accused persons pleaded not guilty to the charge and pleaded for Trial and hence, the case was tried by the Trial Court.

4. The prosecution has examined six witnesses to prove the guilt of the accused persons and also produced as many as 8 documentary evidence before the concerned Trial Court to prove the guilt of the accused persons. After going through the oral as well as documentary evidence and after hearing the arguments advances by both the sides, the Trial Court has passed the impugned judgment and order of acquittal dated 31.3.200