ORAL JUDGMENT

[1] The present acquittal Appeal has been filed by the appellant – original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 30.09.2011 rendered by the learned Special Judge (A.C.B.), Court No.18, City Sessions Court, Ahmedabad, in Special Case No.14 of 2006. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(d)(i)(ii)(iii) and 13(2) of the Prevention of Corruption Act.

[2] According to the prosecution case, complainant Manishbhai Natwarlal Choksi had jewellary shop and had kept two wight measurement machines at his shop. Checking and verification certificate was obtained from the Weight and Measures Department and stamping was also made on the machine, which has to be done on 30th June every year. The complainant went to the office of respondent-accused on 26.06.2005 and met Mr.H.L.Desai. Mr. Desai told him that he was busy with some official work and he will personally come and consider the work of stamping of weighing. As Mr. Desai could not come till 30.06.2005, again the complainant visited the office of respondent- accused on 02.07.2005. Mr. Desai told him that he will come after two days but as he did not come on 13.07.2005, the complainant talked with Mr.Pathan-Vigilance Officer on telephone but the said officer also did not come. Thereafter, on 18.07.2005, one Mr. Somabhai Parmar- respondent-accused and from the office of Weight and Measures Department came to the shop of the complainant and checked the machines. The respondent-accused made demand of Rs.120/-for each machine and Rs.60/-for late fee and accordingly, thereby demanded Rs.300/-. Thereafter, an application was obtained from the father of the complainant and Rs.600/-was demanded in respect of illegal gratification, therefor, Rs.300/-was given by the complainant to the respondent-accused and the respondent-accused took weighing machine at his office and respondent-accused told the complainant to pay the remaining amount of Rs.600/-after the work got completed. Thereby, demand of additional amount of Rs.600/-towards illegal gratification was made by the respondent-accused. As the complainant did not want to pay the said amount, he filed a complaint. Thereafter, Mr.Zala, Trapping Officer called two panchas and preliminary panchnama was drawn. Thereafter, members of reading party with both the panchas reached to the shop of the complainant and panch No.1 was instructed by Trapping Officer to stay with the complainant to hear the conversation made between the respondent-accused and the complainant and to see the exchange of illegal gratification between them. Thereafter, the respondent-accused came to the shop of the complainant and gave stamping plate as well as two bills and. When the demand was made by the respondent-accused, trap amount of Rs.500/- was given by the complainant to the respondent-accused and the same was accepted by the respondent-accused. Thereafter, as decided earlier, a signal was made and member of raiding party rushed to the place. Panchnama was drawn and trap amount was recovered from the possession of the respondent-accused . Thereafter, an experiment of Phenolphthalein powder was carried out and the same was found positive. Statements of witnesses, panchas and members of raiding party were recorded by Investigating. Thereafter, recovered muddamal sent to the FSL and expert opinion of the FSL was also obtained by prosecution. The Investigating Officer has filed charge-sheet before the Special Judge. [3] On the basis of above allegations, charge was framed, read-over and explained to the accused for the offence punishable under Sections 7, 13(1)(d)(i)(ii)(iii) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.

[4] In support of the prosecution case, the prosecution has examined four oral evidences :-