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 19.01.1996 rendered by the learned Special Judge, Banaskantha, Palanpur, in Special Case No.17 of 1988. The said case was registered against the present respondent- original accused for the offence punishable under Section 161 of the Indian Penal Code and under Section-5(2) of the Prevention of Corruption Act. Criminal Revision Application No.139 of 1996 is also filed by the applicant-original complainant against the said order of acquittal.

[2] According to the prosecution case, some dispute regarding vada land was pending since 04.02.1986 before the District Cort and stay was granted against the complainant. During the pendency of the proceedings, the complainant came to know that his opponents Kalu Bhikha Prajapati and others had regularized vada land in their favour by giving an application to the Collector and therefore, the complainant gave the application to Sarpanch on 23.09.1985, requesting the Sarpanch to inform him if any document was produced by the opponents about the vada land. Thereafter, the complainant approached the Talati respondent-accused herein and made inquiry as to any document produced by the opponents regarding the vada land, which respondent- accused replied in negative. Thereafter, on 24.01.1986, the complainant approached a clerk who was handling the work of concerned vada land, the clerk replied that the order regarding vada land for regularization was received by the office, but to get the copy of the said order, the complainant had to obtain the case number from the respondent- accused. Therefore, on 27.01.1986, the complainant approached the respondent-accused for the number of the order passed by the Collector for regularization of the vada land and told him that though I gave an application to you to inform me about the case of vada land on 23.09.1985, why you did not inform me about the same? The respondent-accused in response told that you did not give me money, therefore, I did not inform you and thereby demanded Rs.500/-for the said work. The complainant told the Talati that Rs.500/-were much and therefore, the respondent-accused demanded and forced the complainant to pay Rs.200/-. Thereafter, on 04.2.1986, the complainant again approached the respondent-accused for order of Collector for regularization of vada land, but the respondent-accused told the complainant to give him money otherwise he would not give the number. As the complainant did not want to pay the said amount, he approached A.C.B. Office, Palanpur and lodged complainant against the respondent-accused on 05.02.1986 for the offenes punishable under Section 161 of the Indian Penal Code and under Section-5(2) of the Prevention of Corruption Act. On receiving the complaint, P.I. Shri Hussainmiyan Sakruddin Saiyed arranged a trap and called two panchas and used of anthrecene powder and ultra violate lamp were disclosed to the panchas and complainant. Thereafter, preliminary panchnama was drawn and during that period, the complainant has produced trap amount to the Trapping Officer for the purpose of trap. The Trapping Officer advised the complainant that not to give the trap amount to respondent-accused prior to the demand made by the respondent- accused and also advised panch No.1 to stay with the complainant and panch No.2 to stay wit the members of raiding party. Thereafter, preliminary panchnama was drawn by Trapping Officer. Thereafter, they all reached to the place of trap and complainant and panch No.1 entered into the house of respondent-accused. After some period, the signal was given to the members of raiding parties and accordingly, raid was carried out the Trapping Officer and muddamal amount was recovered from the earth near to the gate of the house of the respondent-accused and complainant and panch No.1 were interrogated by the