IMPORTANT POINT
The demand for bribe money is essential to establish the offense under the Prevention of Corruption Act.

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, Fast Track Court No. 5, Bharuch, (hereinafter referred to as “the learned Trial Court”) in Special Corruption Case No. 6 of 1999 on 30.07.2005, 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.

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

2.1 That the accused was working as an Assistant Sub- Inspector, Buckle No. 1137 in Nabipur Police Station, Zanor Beet and was a public servant. That the complainant Melabhai Mohanbhai Vasava residing at Navinagari, Orpatar, Zanor, Taluka and District Bharuch was doing the retail sale of fish besides the bus stand and on 21.01.1999, at around 10.00 am Babubhai Valibhai and his sister had come to buy fish and had asked for the price of one kilo fish and he had stated that it was Rs. 60/- per kilo and they had bought one kilo fish. That after half an hour, Homeguard Babubhai came to his house and told him that he had taken more price for the fish and had given less fish and had threatened that he would file a police case against him. That at around 11.30, one policeman Maheshbhai came to his house and told him that the accused was calling him and he went to the police gate which was situated near Zanor Bus Stand. That the accused met him and told him that Babu had filed a complaint and he would have to go to Nabipur Jail and had demanded an amount of Rs. 1,000/- to settle the case. After bargaining the amount was fixed at Rs. 700/- and as he had Rs. 500/- with him, he had given the accused the amount of Rs. 500/- and had stated that the remaining amount of Rs. 200/- would be paid later and at that time, the accused told him to pay the amount on Saturday till 06.00 pm. That the complainant did not want to pay the amount of illegal gratification and hence, filed the complaint with the ACB Police Station, Bharuch which was registered at C.R. No. 2/1999 on 23.01.1999. The Trap Laying Officer called the panch witnesses and after the experiment of anthracene powder and the ultraviolet lamp was carried out and explained to the panch witnesses and the complainant, the trap was arranged and on 23.01.1999, the accused was in Zanor Police Gate and he accepted the amount of illegal gratification of Rs. 200/- from the complainant and after the predetermined signal was given, the members of the raiding party rushed in and the accused was caught red handed. That after the statements of the connected witnesses were recorded and the panchnama was drawn, the Investigating Officer filed the charge-sheet before the Sessions Court, Bharuch which was registered as Special Corruption Case No. 6/1999.

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.5 and the statement of the accused was recorded at Exh.6. 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 document