IMPORTANT POINT
The judgment emphasizes the presumption of innocence, the requirement for comprehensive appreciation of evidence, and the need to prove demand and acceptance of illegal gratification as a fact in issue.

JUDGMENT :

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of acquittal dated 06.10.2006 passed by the learned Presiding Officer, Fast Track Court No.5, District Banaskantha at Palanpur (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 122 of 2001, whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Sections 7, 12, 13(1)(D)(1)(2)(3) read with Section 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the P.C.Act’). The respondents are hereinafter referred to as ‘the accused No.1 and the accused No.2’ at they 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 No.1 was working as a Police Sub Inspector and the accused No.2 was working as an unarmed Police Constable in Chhapi Police Station in March, 2001 and at that time, they demanded a monthly bribe amount of Rs.1,500/- from the complainant Jashwantsingh Bhikhaji Rajput and the complainant had also been threatened by the accused to falsely implicate him in big cases and also in PASA, if he did not pay the amount. That on 16.03.2001 at around 7.30pm, both the accused met the complainant in Chhapi Police Station and demanded the amount from him and told him to come to the Police Station on 17.03.2001 with the amount of illegal gratification. That the complainant did not want to pay the bribe amount and hence, went to the ACB office at Palanpur and filed FIR I-C.R.No.3 of 2001 at the ACB Police Station, Banaskantha at Palanpur for the offences punishable under Sections 7, 12, 13(1)(D)(1)(2)(3) read with Section 13(2) of the P.C.Act on 17.03.2001. That the panch witnesses were called and after the necessary procedure, the trap was laid. That on 17.03.2001 between 8.30am to 8.40am, both the accused were present in Chhapi Police station and when the complainant went to the police station, the accused No.1 demanded the amount and the accused No.2 accepted the same in the presence of the panch witness and they were trapped by the Trap Laying Officer and the members of the Raiding Party and the amount of Rs.1,500/- was recovered from the accused No.2. That after due investigation, a charge sheet was filed before the learned Sessions Court, Banaskantha at Palanpur, which was registered as Special (ACB) Case No. 122 of 2001.

2.2. That the accused were duly served with the summons and after the accused appeared and after following the procedure under Section 207 of the Code, a charge was framed by the learned Trial Court, at Exh.17 and the statements of the accused were recorded at Exh.18 and 19 wherein the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record. That after the closing pursis was given by the learned APP, the further statements of the accused under Section 313 of the Code was recorded and after the arguments of both the parties were heard, the learned Trial Court, by the impugned judgment and order dated 06.10.2006, gave benefit of doubt to both the accused and acquitted them from all the offences.

3. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court in Special (ACB) Case No. 122 of 2001 on 06.10.2006, the State has filed the present appeal mainly contending that the prosecution has proved the case beyond reasonable doubts and the prosecution has proved that at the relevant time, both the accused were working at Chhapi Police Station and they were public servants. That the complainant had clearly deposed that the accused used to threaten and demand illegal gratification from the complainant and on 16.03.2001, when the complainant went to meet the accused the Chhapi Police Station, the illegal gratification of Rs.1,50