IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 60 of 2011 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

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Approved for Reporting Yes No √

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STATE OF GUJARAT Versus PANKAJKUMAR MANHARBHAI PATEL ========================================================

Appearance:

TRUPESH KATHIRIYA, APP for the Appellant(s) No. 1 MR BHARAT K DAVE with MS. HARDIKA DAVE for the Opponent(s) /

Respondent(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 20/11/2025

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 the order of acquittal passed by the learned Special Judge and Presiding Officer, Fast Track Court, Valsad (hereinafter referred to as ‘the learned Trial Court’) in Special Corruption Case No.3 of 2008 on

30.09.2010, whereby, the learned Trial Court has acquitted the respondent – accused from the offences punishable under Sections 7, 13(2) and 15 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C.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 relevant facts leading to filing of the present appeal are as under:

2.1. The accused was working as a Police Constable in Valsad City Police and was a public servant. The complainant Rasikbhai Jeeparbhai Bhoya was the owner of a Mahindra Jeep registration No.GJ-15-BB-412 and a Tata-407 registration No. GJ- 15-Z-2469. The Mahindra Jeep was ferrying passengers from Manala to Nanak Pontha and Kaprada and the Tata-407 vehicle was being run locally as a goods vehicle. About 20 days prior to 15.10.2007, the accused told the complainant that he had illegally transported wood stolen from the jungle in his Tata-407 Tempo and as he was doing illegal activity for the past 2 months, demanded an amount of Rs.10,000/- as illegal gratification, and thereafter, told the complainant to pay Rs.5000/- per month. The complainant requested the accused not to harass him but he was adamant, and even though, the complainant did not want to pay the amount of illegal gratification, he agreed to the same. The accused told him to come on 16.10.2007 at 10:00a.m. near the Nanak Pontha Circle. The complainant did not want to pay the amount of illegal gratification and went to the ACB Police Station, Valsad and the complaint of the complainant was recorded.

2.2. The Trap Laying Officer called the panch witnesses and the complainant gave 20 currency notes of the denomination of Rs.500/- each and ASI Jinabai Morarbhai was called by the Trap Laying Officer. The characteristics of phenolphthalein powder and solution of sodium carbonate were explained to the complainant and the panch witnesses and the demonstration of phenolphthalein powder and solution of sodium carbonate was conducted by ASI Jinabai in their presence. All the currency notes were smeared with phenolphthalein powder and placed in the left shirt pocket of the complainant. The necessary instructions were given by the Trap Laying Officer to the complainant and the panch witnesses and the Panchnama Part-I was drawn between between 6.15am to 7.45am on 16.10.2007. As arranged the complainant, panch witnesses and Trap Laying Officer went in the government vehicle and the complainant and the panch witness no.1 got down from the government vehicle and came to the Nanak Pontha Crossroads at the circle and waited on the right side of the road going towards Pardi. The Trap Laying Officer and other members of the raiding party stood scattered around. The complainant and the panch witness were waiting for the accused, and during that time, a person came near the complainant and had a conversat