IMPORTANT POINT
The demand for illegal gratification is a sine qua non for conviction under the Prevention of Corruption Act, and the prosecution must prove it beyond reasonable doubt.

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 25.03.2008 passed by the learned Additional Sessions Judge (Fast Track Court No. 1), Narmada @ Rajpipla (hereinafter referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 6 of 2006, 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 (herein after referred to as ‘the P.C. Act’). The learned trial Court has sentenced the appellant to rigorous imprisonment for two years and fine of Rs.10,000/- and in default simple imprisonment for ninety days for the offence under Section 7 of the PC Act and three years rigorous imprisonment and fine of Rs.10,000/- and in default simple imprisonment for six months for the offence under Sections 13(1)(d) and 13(2) of the PC Act. The learned trial Court was pleased to acquit the accused No. 2 Rakeshbhai Bhanabhai Tadvi for all the offenses and was pleased to further order that the sentences of the accused No. 1 were ordered to run concurrently. The appellant and the co-accused who is acquitted are hereinafter referred to as ‘the accused’ as they stood in the rank and file 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 No. 1 was a Police Constable in the Rajpipla Police Station and accused No. 2 two was a Police Constable in the police headquarters of Narmada District and both the accused were public servants. That the complainant Police Inspector, Mr. I.B.Vyas, ACB Police Station, Bharuch had received information that the Police personnel were halting the heavy vehicles passing by on the State Highway and were demanding for amounts of illegal gratification ranging from Rs.10/- to Rs.200/- in the name of entry fee and were not undertaking any legal measures and allowing the vehicles to pass by. That on 20/12/2004, the complainant Police Inspector, Mr I.B.Vyas called the two panch-witnesses and in the presence of all the members of the raiding party explained to the panch -witnesses about the decoy trap that was to be arranged and all the officials and Panch witnesses went in government jeep GJ–1–G–3755 to Devaliya Nasvadiya State Highway. That about 15:10, the truck No. RJ-14-2G-1891 was passing by and they halted the truck and asked for cooperation from the driver Jagdishprasad Mangiram Saini residing at Dhani Karmani Taluka: Khedari, Dist:Junjnu, State Rajasthan and gave him the tainted currency notes of Rs.200/- which were placed in the left side shirt pocket of the Kafani (long and short coat) of the Driver Jagdishprasad Mangiram Saini. That the panch witnesses and the other members of the raiding party sat in the truck and went towards Devaliya three roads towards Ankleshwar check post on the Vadia road and at that time Unarmed Police Constable Kachrabhai Mohanlal Solanki blew his whistle and Unarmed Police Constable Rakeshbhai Bhanabhai Tadvi raised his hand and halted the truck. That Unarmed Police Constable Kachrabhai Mohanbhai Rajpipla demanded an Entry fee of Rs.10/- from the decoy trap Driver Jagdishprasad Mangiram Saini and accepted the tainted currency notes of Rs.10/- with his left hand and put it in his left pant pocket. That when the decoy truck driver Jagdishprasad Mangiram Saini gave the predetermined signal, the members of the raiding party came and caught the Unarmed Police Constable Kachrahai Mohanbhai Solanki red handed and the tainted currency notes of Rs.10/- was recovered from him. That the complaint was filed by the ACB Police Inspector, Mr. IB Vyas under Sections 7, 12, 13(1)(d) and 13(2) of the PC Act on 23/12/2004, which was registered before Bharuch ACB Police Station as C.R.No. 11 of 2004. That the Investigating Officer investigated the offence and recorded the