The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt, which was not established in this case.

JUDGMENT :

S.V. Pinto, J.

1. This appeal has been filed by the appellant-State under Section 378(1)(3) of Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the learned Additional Sessions Judge & Presiding Officer, 4th Fast Track Court, Surat (hereinafter referred to as "the learned trial Court") in Special (ACB) Case No. 57 of 1996 on 31/08/2005, whereby the learned trial Court has acquitted the respondent for the offence punishable under Sections 7, 13(1)(d), (1)(2)(3) 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 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 a Medical Officer in the Community Health Centre, Patal village, Taluka: Mandvi and was a public servant. That the complainant Jayantilal Ichchhulal Patel, Police Inspector, ACB Police Station, Surat had received secret information that the accused was demanding for illegal gratification of the amounts ranging from Rs. 50/- to Rs. 200/- from the patients, who wanted a medical certificate of their illness and a decoy trap was arranged. That the complainant called the panch witnesses and the demonstration of anthracene powder and ultraviolet lamp was done in the presence of the decoy and panch witnesses and the complainant took two currency notes of the denomination of Rs. 50/- each and ten currency notes of the denomination of Rs. 10/- each and all the currency notes were smeared with anthracene powder and placed in the left shirt pocket of the decoy Dhansukhbhai Chimanbhai Gamit. That the panch witness and decoy Dhansukhbhai Chimanbhai Gamit went on 22/09/1995 to the Community Health Centre, Village: Patal, Taluka: Mandvi, District: Surat. That decoy Dhansukhbhai Chimanbhai Gamit residing at village Patal, Taluka: Mandvi, District: Surat was explained about the decoy trap and he had agreed to cooperate and the trap was arranged and the accused demanded for the illegal gratification of Rs. 70/- for issuing a certificate to the decoy Dhansukhbhai Chimanbhai Gamit and accepted the same and after the predetermined signal was given, the members of the raiding party came and caught the accused. The complainant filed complaint at ACB Police Station, Surat under Sections 7, 13 (1)(d), 1, 2, 3 and 13 (2) of the PC Act, which was registered at C.R. No. 9 of 1995 on 22/09/1995.

[2.2] That the Investigating Officer recorded the statements of the connected witnesses and after the necessary documents including the service record and the order of sanction for prosecution was received, a chargesheet came to be filed before the learned Sessions Court, Surat, which was registered as Special ACB Case No. 57 of 1996.

[2.3] That the accused was duly served with the summon and the accused appeared before the learned trial Court and after the due procedure of Section 207 of the Code of Criminal Procedure, 1973 was followed, a charge at Exh: 6 was framed against the accused and the statement of the accused was recorded at Exh:7. The accused denied all contents of the charge and the evidence of the prosecution was taken on record.

[2.4] The prosecution has produced the following oral as well as documentary evidences in support of their case.

[2.5] After the closing pursis was filed by the learned Additional Public Prosecutor at Exh:46, the further statement under Section 313 of the Code Of Criminal Procedure, 1973 was recorded, wherein, the accused denied all the evidence of the prosecution and further stated that he was a Medical Officer in the Community Health Centre at village Patal and he has never demanded for any amount of illegal gratification from Dhansukhbhai Chimanbhai Gamit or from any other person. He is residing at Bardoli and was commuting to Village Patal from Bardoli and on 19/9/1995, Dhansukhbhai Chima