IMPORTANT POINT
The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt to establish the guilt of the accused under the Prevention of Corruption Act, 1988.

JUDGMENT :

1. This appeal has been filed by the appellant under Section 378(1)(3) of Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge, Fast Track Court No. 4, Banaskantha at Palanpur (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 81 of 2005 on 14.12.2006, whereby, the learned Trial Court has acquitted the appellant for the offence punishable under Sections 7, 13(1)(d) 1, 2, 3 and 13 (2) of the Prevention of Corruption Act, 1988 (hereafter referred to as “the PC Act” for short).

The respondent is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 That the accused was working as a Gram Sevak in the Taluka Panchayat Office, Deesa at village Nana Kapra which was within the jurisdiction of the accused. That the complainant Thanaji Chamnaji Thakor was a resident of village Nana Kapra, Taluka Deesa, District Banaskantha and was covered in the category of ‘below poverty line’ and was having a BPL Card and entitled to the benefits of Indira Awaas Yojna. That the complainant Thanaji Chamnaji Thakor had filled up a form for taking benefits under the Indira Awaas Yojna and the form was sent to the Taluka Panchayat, Deesa but no relief was granted to the complainant. That on 21.02.2005, the complainant had visited the office of the Taluka Panchayat at Deesa to inquire about his form where the accused met him and told him that his papers were sent to the concerned authorities but as the transaction for sanction of the loan was not made, demanded an amount of illegal gratification of Rs. 4000/-. That the complainant had told the accused that he was not in a position to give the entire amount and hence, it was decided that the amount was to be paid in two equal installments of Rs. 2000/- each, one installment before the grant of relief and the other installment after the grant of relief. That the accused had demanded the amount on 22.02.2005 and as the complainant was not ready and willing to give the said amount of illegal gratification, the complainant approached the ACB Police Station, Palanpur and filed a complaint under Sections 7, 13(1)(d) 1, 2, 3 and 13 (2) of the PC Act on 22.02.2005. That the Trap Laying Office called the panch witnesses and the experiment of phenolphthalein powder, filter paper and Sodium Carbonate Solution was carried out and explained to the panch witnesses and the complainant and the trap was laid on 22.02.2005. That the complainant accompanied with the shadow witness, went to the Taluka Panchayat Office, Deesa and in the presence of the panch witnesses, the accused demanded for the amount of Rs. 2000/- and accepted the same and after the predetermined signal was given by the complainant, the members of the raiding party came and the accused was caught red handed. That the Investigating Officer recorded the statements of the connected witnesses, drew the necessary panchnamas and after receipt of sanction for prosecution from the Competent Authority, the charge-sheet against the accused was filed before the Sessions Court, Banaskantha which was registered as Special ACB Case No. 81/2005.

2.2 The accused was duly served with the summons and the accused appeared before the learned Trial Court, and after the procedure under Section 207 of the Code of Criminal Procedure was followed, a charge at Exh. 8 was framed against the accused and the statement of the accused was recorded at Exh. 9, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.3 The prosecution has produced the following oral evidences in support of their case.