In an appeal against acquittal, the appellate court must not interfere unless the trial court's findings are perverse or manifestly illegal. The prosecution bears the burden of proving demand and acceptance of illegal gratification, and where evidence is inconclusive, the presumption of innocence prevails.

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 dated 29-01-2010 passed by the learned Special (ACB) Judge & 7th (Ad-hoc) Additional Sessions Judge, Surat (herein after referred to as ‘the learned Trial Court’) in “Special (ACB) Case No. 18 of 1995”, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as the “ the PC Act).

1.1] 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] In September 1994, the accused was working as a Junior Clerk in the Office of the RTO, Amreli and was a public servant. The complainant Harshadrai Jamnadas Gadhiya was in the business of travels and his passenger bus No.GJ-14-T-135 was registered with the ARTO Amreli. He had placed the said passenger bus in non-use from 30-07-1994 as some repairing work had to be done and after the repairing was completed, he had paid the tax of Rs.9,000/- for the period 01-09-1994 to 30-09-1994, on 05-9-1994. He required the RC book and he went to the accused and asked him to give the RC book but the accused demanded an amount of Rs.50/- as illegal gratification and told him to come on Wednesday i.e. on 07-09-1994. When he came out of the office, he met Clerk Dilipbhai Charadva and requested him to help in searching for the RC book but as the said Dilipbhai had earlier traveled with his relatives from Ahmedabad to Amreli and had paid an amount of Rs. 250/- as tickets, had asked for a refund of the same but the same was not paid by the complainant and he told him to return the amount on Wednesday and after that he would help the accused to search for the RC book. The complainant did not want to pay the amount of illegal gratification and on 07-09-1994 went to the ACB Office at Amreli and the complaint of the complainant was recorded.

2.2] The Trap Laying Officer called the panch witnesses and the complainant gave two currency notes of the denomination of Rs.100/- and two currency notes of the denomination of Rs.50/- each and Head Constable Jayvantray Dhone, under the instructions of the Trap Laying Officer, conducted the demonstration of anthracene powder and ultraviolet lamp and explained the characteristics of the same to the complainant and the panch witnesses. All the currency notes were smeared with anthracene powder and head constable Jayvantry Dhone placed one currency note of Rs.50/- in the left shirt pocket of the complainant and the remaining currency notes amounting to Rs.250/- in the right pant pocket of the complainant. The Panchnama Part I was drawn and the signatures of all concerned were taken. As decided the complainant, panch witnesses and members of the raiding party left in the Ambassador car Taxi No.GJ-4-2547 of the complainant and went to the ARTO Office at Amreli. The complainant and the panch No. 1 alighted and went into the ARTO Office at about 14.45. The complainant asked the accused for the registration book and the accused told him that he had found the book and got up and went to the left of his table near a steel cupboard which was open and took the registration book from the cupboard and gave it to the complainant. The complainant accepted the registration book and verified it and placed it in the left pocket of his trousers. The accused demanded the amount of Rs.50/- and the complainant gave the amount from the left shirt pocket with his right hand. The accused accepted it with his right hand and placed the currency note in his left shirt pocket. Thereafter, the complainant and panch witness went to meet Dilipbhai Charadva but Dilipbhai Charadva was not present as he had gone home for lunch and he