JUDGMENT :

S.V. PINTO, J.

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge & Presiding Officer, 6th Fast Track Court, Rajkot (hereinafter referred to as “the learned Trial Court”) in Special ACB Case no. 16/1994 on 31.03.2009, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short).

1.1 The respondents are hereinafter referred to as “the accused” in the rank and file as 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 The accused No.1 was working as a PSI at Jubilee Police Chowki of Pradyumannagar Police Station, Rajkot and was a public servant and the accused No.2 was a private person. An offence under Section 420 of the IPC was registered at Pradyumannagar Police Station, CR No. 2 of 1994, which was being investigated by the accused No.1. As per the offence, the complainant Rahimbhai Abdulbhai Satar Mor was the Manager of Shramjivi Co-operative Credit Society, Rajkot and on 21.12.1993, Ashrafbhai Indawala, a member of the Society had written a chit to the complainant and sent it along with one Vinay Chandulal Shah who wanted to open an account in the Bank of Baroda, Kalawad Road Branch, Rajkot. The complainant Rahimbhai Abdulbhai Satar Mor had affixed his signature as an introducer to the said Vinay Chandulal Shah who opened an account in the name of Hindustan Petroleum at Bank of Baroda, Kalawad Branch. After 4 to 5 days, the Branch Manager of Bank of Baroda, Kalawad Road Branch, came to the complainant and told him that the person whom he had introduced had cheated the bank to the tune of Rs.84,000/- and an offence under Section 420 was registered at the Pradyumannagar Police Station against Vinay Chandulal Shah. On 03.01.1994, the accused No.1 came to the office of the Society and met the complainant and called him to the Pradyumannagar Police Station. The complainant had gone to the Police Station along with one Naranbhai Gohil and the statement of the complainant was recorded and at that time, the accused No.1 told the complainant that he would be taken as an abettor and an accused in the offence and on the pretext of searching for the chit written by Ashrafbhai Indawala, the complainant left the Police Station and went to meet his advocate and filed an application for Anticipatory Bail which was granted by the Additional Session Judge, Rajkot on 06.01.1994. The accused No.1 telephoned the complainant and asked him why he had not come to the Police Station and the complainant told him that he had received the Anticipatory Bail from the Sessions Court, but the accused No.1 threatened to tear the Anticipatory Bail Order and fix him in the offence as an accused. On 23.03.1994, once again, the accused No.1 and his writer Chaman Shah Shamdar came to the office of the Society and at that time, Naranbhai Gohil was also present and the accused No.1 called him to the Jubilee Police Chowki. On the next morning, at around 10:00 am, the complainant went with Naranbhai Gohil to the Jubilee Police Chowki and met the accused No.1 and Naranbhai Gohil requested the accused No.1 to wind up the case of the complainant. The accused No.1 demanded an amount of Rs.5000/- as illegal gratification, and also told them that an amount of Rs.3000/- could be given immediately and the remaining amount of Rs.2000/- could be given later on. The complainant and Naranbhai Gohil left the Police Chowki and as the complainant did not want to pay the amount of illegal gratification, he went to the ACB Police Station, Rajkot on 24.03.1994 and the complaint of the complainant was recorded.

2.2 The Trap Laying Officer called the panch witnesses and