Prosecution must prove demand and acceptance in corruption cases; mere acceptance and recovery is insufficient for conviction.

JUDGEMENT

1. By way of this Appeal preferred under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'the Code'), the Appellant – State has challenged the judgment and order of acquittal dated 15.07.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Surat in Special (ACB) Case No.6/1999 whereby the accused were acquitted of the offences punishable under Sections 7 , 12, 13(1)(d) and 13(2) of the Prevention of the Corruption Act, 1988 (hereinafter referred to in short as 'the Act').

2. The brief case of the prosecution and the incident which is alleged to have occurred on 09.10.1998 is detailed below :-

Mr. A.M. Rathod, Police Inspector, ACB Branch, Surat had got information that the in the area which falls within Surat City and Surat District, on the National and State Highway, the R.T.O. State Highway Police, District Traffic Police and the Local Traffic Officers and employees of Surat City were demanding illegal amounts from the vehicles / owners passing on the National Highway to the extent of Rs.20/= to Rs.800/=. On the basis of such an information so received, a decoy trap was arranged and Kantibhai Surti and Balkrishnan Kotwal were appointed as the Panchas.

The complainant had called the informer / helper Narpatsinh Ratansinh Rathod who played the role of a Jeep Driver in the Jeep. In the Jeep, PVC Pipes were tied up. For the bribe amount, notes in various denominations totalling to Rs.800/= were arranged and the PSI – Digambar N. Shinde had conducted experiment of ultraviolet lamp and also applied the anthracene powder to the currency notes. These were then inserted in the pocket of the informer / helper.

Thereafter, the jeep was to be driven from the ACB Office, Athwa Lines, Parle Point, Piplod Jakat Naka and other places and was to return to the ACB Office. If any at place, if any officer or staff were to demand any bribe and make the jeep stop, the muddamal currency notes were to be given and a pre-arranged signal was to be given. The panchas no.1 and 2 were to give co-operation and they were to listen to the conversations and also give information about the give and take of the bribe amounts. Behind this jeep, officers and staff of the ACB were in various vehicles like a Maruti Fronti Car and Tata Sumo.

The decoy team left the ACB Office. They passing through the Athwa Traffic Police Chowki and under the Athwa Overbridge reached the two traffic points, where they were not stopped. The team travelled to the traffic point near the Office of the Assistant Commissioner (Traffic), Surat City where two traffic constables were present, Assistant Head Constable – Ranjitsinh Prabhatsinh Kathwadia and Assistant Police Constable – Prabhakar Raghunath Patil, respondents No.1 and 2 respectively. They made a signal with their hands and therefore the helper – Narpatsinh stopped the Jeep on the side of the road. Respondent No.2 enquired as to from where they were coming? The helper mentioned the destination.

Respondent No.2 then allegedly said that taking PVC Pipes in a Jeep is an offence, to which the helper asked 'as to what is to be done?' Respondent No.2 is alleged to have said that an amount of Rs.250/- is to be given. The helper asked to reduce the amount. Respondent No.2 is alleged to have demanded an amount of Rs.100/-. Then the