In corruption cases, an acquittal should not be disturbed unless the trial court's view is perverse. Proof of a prior demand is a mandatory foundational requirement for conviction; mere recovery of money, absent such proof or when a plausible explanation is provided, is insufficient to sustain a conviction.

ORAL JUDGMENT

1] This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 16-11-2006 passed by learned Special Judge & Presiding Officer, Fast Track Court No.4, Morbi, (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 8 of 1997, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(3) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as the “ the PC Act).

1.1] The respondent 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] The accused was working as a Clerk in the Mamlatar Office at Morbi on 01-01-1993 and was a public servant. The complainant – Rajendrasinh Chandrasinh Solanki was an Electric Contractor residing at Dhrol, Jamnagar District and he was the holder of eight acres thirty five gunthas land bearing survey No. 350 /1 at Mitana village of Morbi Taluka. The complainant wanted to produce a solvency certificate before the Executive Engineer, Jamnagar Rural for his electric contract and had filed an application on 17-09-1993, which was sent by post to the Mamlatar Morbi. After ten to twelve days, he had gone to inquire about his solvency certificate and he met the accused, who told him that the documents were sent to Circle Inspector Mr. Pandya. He met the Circle Inspector and the public inquiry and other procedure was done and on inquiring from the Circle Inspector Mr. Pandya, he was told to go to the Morbi Office. On 22-10-1993, he went and met the accused, who demanded an amount of illegal gratification of Rs.200/-. The complainant - Rajendrasinh Chandrasinh Solanki did not want to pay the amount of illegal gratification and he sent an application on 26-10-1993 to the ACB Police Station and thereafter, went on 01-11-1993 to the ACB Police Station, Rajkot and filed the complaint under Section 7,13(1)(d) and 13(2) of the PC Act, which was registered at Rajkot ACB Police Station, C.R.No.16 of 1993.

2.2] The Trap Laying Officer called the panch-witnesses and the complainant gave four currency notes of the denomination of Rs 50/- each and P.S.I. M.H.Tank explained the characteristics of anthracene powder and ultraviolet lamp to the complainant and the panch-witnesses and the demonstration of anthracene powder and the ultraviolet lamp was conducted in their presence. All the currency notes were smeared with anthracene powder and folded and placed in the left shirt pocket of the complainant. The necessary instructions were given and the Panchnama Part 1 was drawn. The complainant, panch witnesses and Trap Laying Officer and members of the raiding party left in a vehicle and went to the Mamlatar office and the complainant and the shadow witness went to the table of the accused. In the presence of the panch witness, the accused gave the solvency certificate to the complainant and took the complainant down to have tea and after having tea, the accused demanded for the amount of illegal gratification. The complainant took two currency notes of the denomination of Rs 50/- and gave it to the complainant, who accepted the same with his right hand and placed them in his pant pocket. The predetermined signal was given and the members of the raiding party came and the accused was caught red-handed. The necessary tests were conducted and the fingers of the right hand and the palm of the accused was found smeared with anthracene powder and shining blue light was found in the ultraviolet light and inside of the right side pant pocket was also found with the traces of anthracene powder. The offence was registered at ACB Police Station, Rajkot C.R.No.16 of 1993.

2.3] The Investigating Officer recorded the statements of the connected witnesses and seized the nec