JUDGMENT :

1. The present appeal is filed by the appellant – State of Gujarat against the judgment and order of acquittal dated 24/11/2006 passed by the Presiding Officer, Fast Track Court No.4, Banaskantha at Palanpur in Special Case No.57 of 2002, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 7, 13(1)(d)(1)(2)(3) and 13(2) of the Prevention of Corruption Act, 1988.

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

2.1 That, on 31/12/2001, somehow, the Police Sub-inspector, ACB Police Station at Palanpur, received information that at Deesa Highway near RTO Check Post some employees of RTO Check Post, Sales Tax Check Post Check Post of Forest Department and some other employees of police department are also demanding illegal gratification to the tune of Rs.50/- to 500/- from truck drivers. On the basis of this secret information, the Police Sub-inspector, ACB Police Station, Palanpur arranged a decoy trap with the help of staff of ACB personnel and for that they have called two panchas from the office of Gujarat Electricity Board of Palanpur and in presence of those panchas they went to