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

JUDGMENT :

1. This appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 10.05.2006 passed by the learned Special ACB Judge (Fast Track Court No.3), Jamnagar (herein after referred to as 'the learned trial Court') in Special (ACB) Case No. 08 of 1997, whereby, the learned trial Court has convicted the appellant for the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act.”). The learned trial Court has sentenced the appellant to rigorous imprisonment of one year and fine of Rs.1000/- and in default simple imprisonment for one month for the offence punishable under Section 7 of the PC Act and rigorous imprisonment for two years and fine of Rs.1000/- and in default simple imprisonment for two months for the offence punishable under Sections 13(1)(d) and 13(2) of the PC Act. The learned trial Court was further pleased to order that sentences of the appellant to run concurrently. The appellant is hereinafter referred to as ‘the accused’ and 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 Maintenance Surveyor (Class-III) in the office of the City Survey Superintendent-I and was a public servant. The complainant Hanifbhai Moosabhai Makwana residing at Ganchi Vad, Jamnagar, was doing labour work and Moosabhai Ismailbhai- the father of the complainant Hanifbhai Moosabhai Makwana expired on 16.01.1997. That late Moosabhai Ismailbhai had one house which was numbered as City Survey No. 36/4/4 and the name of Hawabai wife of Moosabhai Ismailbhai Makwana was to be entered in the record of the house. That an application to enter the name was given and the applicant had met the accused but the accused had demanded an amount of Rs.400/- as illegal gratification for doing the work of entering the name of Hawabai- wife of Moosabhai Ismailbhai Makwana in the record and after negotiation, the amount was fixed at Rs.300/-. That at that time, the complainant Hanifbhai Moosabbhai Makwana had an amount of Rs.150/- with him, which was given to the accused and the remaining amount of Rs.150/- was to be paid on 09/12/1996. That the complainant Hanifbhai Moosabbhai Makwana did not want to pay the amount of illegal gratification of Rs.150/- and hence he went to the ACB Police Station, Jamnagar and had filed the complaint under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, which was registered I-C.R. No. 9 of 1996 on 09/12/1996.

2.2 The Trap Laying Officer called the panch witnesses and the demonstration of anthracene powder and ultraviolet lamp was carried out in the presence of the panch witnesses and the complainant and the characteristics of the anthracene powder and ultraviolet lamp were explained to them and the trap was arranged. That as the accused had stated that he would come to the house of the complainant, the tainted currency notes smeared with anthracene powder were placed in the right side pocket of the “Jabhbha” of the complainant and all the necessary instructions were given to the complainant and the shadow witness and the trap was arranged. That the complainant was instructed to go with the shadow witness to the City Survey Office and meet the accused and bring him to his house to record the statement of his mother and to give the tainted currency notes when demanded by him and accordingly the complainant and the shadow witness went to the City Survey Office and the complainant, shadow witness and the accused sat in an auto rickshaw and came to the house of the complainant. That the members of the raiding party followed them in the government vehicle and thereafter arranged themselves around the house. That the accused, the complainant and the shadow witness went into the house of the complainan