IMPORTANT POINT
Proof of demand and acceptance of illegal gratification beyond reasonable doubt is essential for conviction under the P.C.Act.

JUDGMENT :

1. This appeal has been filed by the appellant – original accused under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of conviction in Special (ACB) Case No. 54 of 1997 passed by the learned Presiding Officer, 3rd Fast Track Court, Surat (hereinafter referred to as ‘the learned Trial Court’) on 15.10.2007, whereby, the learned Trial Court has convicted the respondent for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C.Act’). That Special (ACB) No. 54 of 1997 was filed against the present appellant, who was the accused No.1 and accused Nos.2 and 3 were also charged along with the accused No.1 and by the impugned judgment and order, the learned Trial Court has convicted the present appellant – accused No.1 and has acquitted the accused Nos. 2 and 3 from the said offence and the appellant - accused No.1 and acquitted the co-accused are hereinafter referred to as ‘the accused’ as they stood in their rank and file in the original case for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing the conviction appeal are as under:

2.1. That the accused No.1 was working as an Unarmed Head Constable and the accused Nos. 2 and 3 were working as Unamed Police Constables in Kukarmunda outpost of Nizar Police Station, District Surat (Rural) and were Public Servants. That on 08.11.1996, the accused No.1 had filed the case under the Prohibition Act against one Prabhatsinh, who was the cousin brother of the complainant Kalusinh @ Kalubhai Balubhai, residing at village Fulwadi, Taluka Nizar, District Surat and the accused had demanded an amount of Rs.700/- to release Prabhatsinh on bail and to return the brass pot that was seized by the accused No.1 during investigation. That Prabhatsinh had presented himself on 21.11.1996 and he was released on bail and thereafter, on 24.11.1996, the offence under Part-III C.R.No.184 of 1996 was filed in the Nizar Police Station and the some papers that were used during the bail on 21.11.1996 were shown and at that time, an amount of Rs.700/- was demanded as illegal gratification. That even after Prabhatsinh was released on bail, the accused had demanded for the amount of Rs.700/- as illegal gratification and as the complainant did not want to pay the amount of illegal gratification, the complainant approached the ACB Police Station, Surat and filed the complaint under Section 7, 13(1)(d) and 13(2) of the P.C.Act. The Trap Laying Officer called the panch witnesses and the experiment of anthracene powder and ultraviolet lamp was carried out in the presence of the panch witnesses and the complainant and the trap was arranged and on 08.12.1996, at 20:50 hours, the accused No.1 accepted the amount of illegal gratification at Kukarmunda Outpost and after the pre-determined signal was given by the complainant, the members of raiding party came and caught the accused No.1 red handed. That the Investigating Officer investigated the offence and after recording the statements of the connected witnesses and receiving the sanction for prosecution from the competent authority, a charge sheet was filed before the Sessions Court, Surat, which was registered as Special (ACB) Case No.54 of 1997.

2.2. The accused were duly summoned and after following the procedure of Section 207 of the Code of Criminal Procedure, a charge was framed by the learned Trial Court at Exh.4 and the statements of the accused were recorded at Exh.5, 6 and 7, wherein, all the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record. The prosecution has produced the following oral as well as documentary evidence in support of the case.