IMPORTANT POINT
Proof of demand is essential in corruption cases under the Prevention of Corruption Act, and mere recovery of tainted currency notes without proof of demand is insufficient to establish an offence.

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant under Section 378(1)(3) of Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the learned Special Judge (Fast Track Court No. 2), Jamnagar (hereinafter referred to as “the learned Trial Court”) in Special Case No. 13 of 1992 on 30.01.2006, whereby, the learned Trial Court has acquitted the appellant for the offence punishable under Sections 7, 13(1)(d) 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 Constable in the Traffic Police in Jamnagar District and was a public servant and the Assistant Director, ACB Police Station, Rajkot had information that the accused was demanding for Rs. 20/- from truck drivers for not filing a case in the no-parking zone as also breach of the one-way in Jamnagar City, Grain Market Area and hence, on the basis of the information received by the Assistant Director, ACB Rajkot, Azizbhai Kasambhai Saiyed-the driver of truck bearing registration no. GTW 3388 was kept as a bogus punter and a trap was arranged on 22.02.1991. That on that date at 16.50 hours, the bogus punter Azizbhai Kasambhai Saiyed took his truck bearing registration no. GTW-3388 in the Grain Market Area in Jamnagar City and the accused halted him and demanded and accepted the amount of Rs. 20/- and after the predetermined signal was given, the accused was caught red-handed and the offence under Sections 7, 13(1)(d) and 13(2) of the PC Act was registered by the Assistant Director, ACB Rajkot which was registered at ACB Police Station, Jamnagar being C.R. No. 3/1991 on 22.02.1991. That after due investigation, the necessary panchnamas were drawn and the statements of the connected witnesses were recorded and after collecting the necessary evidence, the charge-sheet was filed against the accused before the Sessions Court, Jamnagar which came to be registered as Special ACB Case No. 13/1992.

2.2 The accused was duly served with the summons and after the accused appeared before the learned Trial Court, the procedure under Section 207 of the Code of Criminal Procedure was followed and the charge at Exh.11 was framed against the accused and the statement of the accused was recorded at Exh.12, 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:

2.4 The prosecution has produced the following documentary evidences in support of their case:

2.5 After the learned APP filed the closing pursis at Exh.39, the further statemen