A conviction under the Prevention of Corruption Act requires unequivocal proof of demand and acceptance of bribes, which was not met in this case, leading to acquittal.

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgment and order of conviction passed by the learned Special Judge, 5th Fast Track Court, Surat, (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 4 of 1998 on 28.12.2005, whereby, the learned Trial Court has convicted 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”).

The appellant is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

During the pendency of the appeal, the appellant expired and hence, the legal heirs had filed Criminal Misc. Application No. 1/2021 in Criminal Appeal No. 112/2006 to be joined as legal heirs and pursue the appeal and by an order dated 04.10.2021, the legal heirs were permitted to be joined in the appeal.

2. The brief facts that emerge from the record of the case are as under:

2.1 That the accused was working in RTO Check Post, Songadh and was a public servant and on 22.10.1997, the complainant - Mr. L.J. Merunjai - Police Insepctor, ACB Police Station Surat received information that the employees of RTO Check Post were demanding illegal gratification of Rs. 20/- to Rs. 30/- from the truck drivers stating that their trucks were overloaded and hence, a decoy trap was arranged and the driver of the truck bearing registration no. MH-19-J-0629 Shaikh Saeed Shaikh Fayyaz was halted and he agreed to be a decoy punter. That on 22.10.1997 at 02.10 hours, the accused demanded for the illegal gratification of Rs. 50/- and accepted the same from the decoy punter and after the predetermined signal was given, the members of the raiding party rushed in and the accused was caught red handed. That the complainant Mr. L.J. Merunjai - Police Inspector, ACB Police Station filed the complaint under Section 7, 13(1)(d) and 13(2) of the PC Act which was registered at C.R. No. 11/1997 on 20.10.1997.

2.2. That the accused was duly served with the summons and the accused appeared before the learned Trial Court and after the procedure under Section 207 of Code of Criminal Procedure, 1973, the charge was framed by the learned Trial Court at Exh.4 and the statement of the accused was recorded at Exh.5. The accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.3 The prosecution produced the following oral evidence to bring home the charge against the accused:

2.4 The prosecution also produced the following documentary evidence to bring home the charge against the accused: