ORAL JUDGMENT

[1] The present acquittal Appeal has been filed by the appellant–original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 10.06.2004 rendered by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No.5, Bharuch, in Special A.C.B. Case No.9 of 1999. The said case was registered against the present respondent-original accused for the offence under Sections-7, 13(1) read with Section-13(2) of the Prevention of Corruption Act.

[2] According to the prosecution case, a complaint by Dineshkumar Misrimal Shah was lodged to the Police Inspector, A.C.B. At Bharuch on 29.04.1999 stating inter alia that the Respondent who was discharging his duty, as Deputy Engineer, Gujarat Electricity Board, Bharuch, came with his helper to the shop and residence of complainant for inspecting the meter of the Respondent's house and shop. After inspection of the residential premise as well as shop, he counted the points. He thereafter informed that the complainant had used unauthorized load and for such unauthorized load the different meters are required to be connected and as that was not done and the complainant continued to use the unauthorized load, he was liable to pay an amount of Rs. 50000/- to 75000/- for using the unauthorized load. It is further alleged that the complainant said that he neither made unauthorized use nor committed any theft, but the respondent did not hear the request and said that the respondent will get the work of the complainant done if the complainant pays 30000/-. After bargaining the amount was fixed at Rs. 6500/-. The respondent demanded to be paid immediately, to that, the complainant replied that he did not have an amount of 6500/-, but had 5000/- in his house which complainant paid to the respondent with a promise that remaining amount of Rs. 1500/- will be paid within 2 to 3 days. It is further alleged that on the promise of paying amount of Rs. 1500/- to respondent within 2 to 3 days, the respondent with the help of helper fixed the meter and complete the same and took the signature of the complainant. The Respondent made demand of the balance 1500/- by making phone call on two occasions. Respondent made phone calls for demand. And lastly on 28.04.1999, the respondent paid a visit to the shop and strictly warned to the make the balance payment and as the complainant said that he did not have 1500/- on hand, the Respondent warned of filing of criminal case against the complainant and therefore complainant and therefore complainant asked for one day's time and take responsibility the respondent agreed and it was fixed that on 30.04.1999 when he comes from Baroda in Sayajinagari Train to Bharuch at 11:00 clock the complainant must pay the balance at railway station or at GEB Panchbatti Bharuch Office. The complainant thereafter contacted the A.C.B. Office and narrated the incident, the complaint was recorded by the P.S.I and trap was arranged. Thereafter, P.I, Nareshchandra Bhikhabhai Koralwala, called two panchas. Both the panchas were introduced with the complainant and facts of the complaint were disclosed to both the panchas. In presence of members of raiding party, search of the complainant and panchas was made. Then, Police Inspector called Singabhai Surjibhai to explain uses of the anthracene powder and ultra violate lamp. Then, first part of the panchnama was drawn and signatures of panchas were taken. Then, the trap amount of Rs.1,500/-, was presented by the complainant under the instructions of the Trapping Officer and anthracene powder was applied on the trap amount. The complainant was directed not to touch the said amount prior to demand made by respondent-accused. Panch No.1 was advised to stay with the complainant and listen all talk took place between the complainant and the respondent-accused while panch No.2 was advised to stay with the members of raiding party. The complainant was also instructed t