IMPORTANT POINT
The prosecution must prove the initial demand and acceptance of illegal gratification beyond reasonable doubt, and the burden of proof rests on the prosecution.

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the learned Presiding Officer, Fast Track Court No. 8, Bharuch (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 7 of 2002 on 30.06.2005, 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 (hereafter referred to as “the PC Act” for short).

The respondent is hereinafter referred to as the accused as he stood in 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 Talati Cum Mantri in the Arethi Group Gram Panchayat, Taluka Valia, District Bharuch and was a public servant. That the complainant was given the work of putting metal stones on the road from Kupgam till the crematorium and the complainant had completed the work in the month of October 2001 and the bill for material and carting was for Rs. 40,200/- which was given to the accused. That the accused had told the complainant that there was no grant and the bill would be cleared after the grant was received and the complainant had demanded for the amount of bill from the accused on a number of occasions. That the complainant had met the accused at Netrang Gram Panchayat at around 12.00 pm in the afternoon and asked him about the amount of bill and the accused had told him that the grant was received and the bill was sanctioned and the cheque of Rs. 40,200/- was ready but he would have to pay an amount of Rs. 7,500/- as illegal gratification. That after bargaining, the amount was fixed at Rs. 6,000/- and the accused had told the complainant to come to Netrang Gram Panchayat Office around 12.00 pm in the afternoon on Saturday to collect his cheque and if he did not give Rs. 6,000/- as illegal gratification, he would not get the cheque. That the complainant did not want to pay the amount of illegal gratification and hence, the complainant went to the ACB Police Station, Bharuch on 17.05.2002 and gave the complaint to the Police Inspector Shri. N.B. Koralwala, ACB Police Station, Bharuch. That on 18.05.2022, the Police Inspector called the panch witnesses and after the experiment of anthracene powder and ultraviolet lamp was carried out and explained to the panch witnesses and the complainant, and the trap was arranged and the complainant and the shadow witness went to the Netrang Gram Panchayat. That in the presence of the panch witness, the accused demanded for the amount of Rs. 6,000/- at around 12.20 p.m. accepted the same and after the predetermined signal was given, the members of the raiding party came and caught the accused red handed. That the Investigating Officer recorded the statement of the connected witnesses, drew the necessary panchnamas and after the order of sanction for prosecution was received, a charge-sheet was filed before the Sessions Court, Bharuch which was registered as Special ACB Case No. 7/2002.

2.2 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 the Code of Criminal Procedure was followed, a charge at Exh.4 was framed against the accused and the statement of the accused was recorded at Exh.5, 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 produced the following documentary evidence