The prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt; failure to do so results in acquittal.

ORAL JUDGMENT

1. This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgement and order of conviction passed by the learned Special Judge (ACB), Gandhinagar (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 4 of 2006 on 29.09.2006, whereby, the learned Trial Court has convicted the appellant – original accused for the offence punishable under Section 7 , 13(1)(d) read with Section 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 - Joitaram Khushalbhai Patel was working as the Talati Cum Mantri, Sagdalpur Gram Panchayat, Taluka Dehgam, District Gandhinagar in the year 2005 and was a public servant. The complainant - Dineshchandra Ramanlal Shah, residing at 13, Sanjay Society, Sagdalpur (Rakhial), Taluka Dehgam, District Gandhinagar was having a STD PCO on the Rakhial Railway Station Road in the name of Radhika STD PCO and had purchased a house in Sanjay Society in the name of his wife - Ranjanben from Taraben wife of Jamnabhai Shah, a resident of Rakhial. The sale deed was executed and an application was given to the Sagdalpur Gram Panchayat to mutate the name of Ranjanben - the wife of the complainant and the then Talati was transferred and the accused had taken charge as Talati Cum Mantri of Sagdalpur. The complainant met the accused and wanted a copy of the entry and it was given by the accused and at that time, the accused demanded an amount of ₹500/- as illegal gratification. The complainant did not want to give the amount of illegal gratification and went to the ACB Police Station, Ahmedabad, (Rural) and Gandhinagar and filed the complaint on 12.12.2005 under sections 7, 13(1) (d) and 13(2) of the PC Act.

2.2 The Trap Laying Officer called the panch witnesses and introduced them to the complainant and the members of the raiding party and the complainant gave five currency notes of the denomination of ₹100/- each and Police Constable - Chimanbhai Kalasva under instructions of the Trap Laying Officer conducted the demonstration of phenolphthalein powder and solution of sodium carbonate and the characteristics of phenolphthalein powder and solution of sodium carbonate was explained to the complainant and the panch witnesses. All the currency notes were smeared with phenolphthalein powder and folded and placed in the top right pocket of the Safari of the complainant and necessary instructions were given by the Trap Laying Officer to the complainant and the panch witnesses. The Panchnama Part-I was drawn and the panch witnesses and the Trap Laying Officer affixed their signatures on the Panchnama Part-I. The complainant, panch witnesses and members of the raiding party sat in government vehicles numbers GJ-1-PP-4361 and GJ-1-HD- 7700 and left the ACB Office and went from Sector 30 Circle, Chiloda Circle, Dehgam and went to the village near Rakhial Road. The complainant and panch no. 1 walked to Radhika STD PCO and reached at about 18:15 hours and waited for the accused. The panch no. 2 and other members of the raiding party stood scattered around and they waited till 20:18 hours but the accused did not come and the complainant called the accused from his STD booth on his telephone number (027) 1626 1003 and as the accused had reached home, he promised to come on the next day. The trap was kept pending and the tainted currency notes were taken from the complainant by the Trap Laying Officer and the P