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 Additional Sessions Judge, Banaskantha at Palanpur (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 32 of 1997 on 22.11.2004, 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 (hereinafter 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 Motor Vehicles Inspector at the RTO Check Post at Deesa in Banaskantha District and on 26.06.1996, the accused demanded an amount of Rs. 1000/- as illegal gratification from Kuldeepsinh Gulabsinh – the driver of truck bearing registration no. HR-45-1932 for overload entry fee and accepted the illegal gratification of Rs. 1000/- and an offence under Section 7, 13(1)(d) (1-2-3) and S