In corruption cases, proving demand and acceptance of illegal gratification is essential for conviction. During an acquittal appeal, the court will not interfere unless the lower court’s findings are perverse, as the accused retains a reinforced double presumption of innocence.

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 27-09-2012 passed by the learned Special (ACB) Judge & 7th (Ad-hoc) Additional Sessions Judge, Surat (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 08 of 2004, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, and 15 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 Surveyor in the Assessment Department (West Zone), Surat Municipal Corporation, Rander, Surat and was a public servant. House No. 164, situated in Ahuranagar Society, opposite Bhulka Bhavan, Adajan, Surat, consisting of one room and a kitchen on the ground floor and another room and kitchen on the first floor and second floor, was in the name of Rajniben Pandharinath Bhamre - the mother of the complainant Dhanraj Pandharinath Bhamre. As per the say of the complainant, his mother had executed a sale contract deed on the basis of the possession contract in his favour on a notarized stamp paper on 18-03-1999 and as he was the owner, had given the necessary documents to the Surat Municipal Corporation (West Zone), Rander Office, Assessment Department on 03-07-2002, for his name to be mutated in the record. About 12 to 15 days prior to 06-01-2003, he had gone to the office and met the accused and inquired about his work and the accused took his file and verified it and told him that he would have to undertake the procedure, as normally a mother does not sell property to her son and to take a Form of Partition Contract from the office and to get his mother's thumb impressions on the Form. The accused told the complainant to take the Form and go home and he would come to his house for verification. The complainant took the form and went to his house and after some time, the accused came and inspected the house and got the form filled up and after his mother's thumb impressions was affixed, the accused had took the form. On 04-01-2003, the complainant went to the office of Assessment Department at around 3.30 pm and met the accused and the accused demanded an amount of Rs.2000/- as an illegal gratification and after bargaining, the amount was settled at Rs.500/-. As the accused did not have the money with him, it was decided that the complainant would come to the office on 07-01-2003 at 09:00 am and pay the amount of illegal gratification of Rs.500/-. The complainant did not want to pay the amount of illegal gratification and went to the ACB Police Station, Surat on 06-01-2003 at 15.00 hours and the complaint of the complainant was recorded.

2.2] The Trap Laying Officer called the panch witnesses and the complainant gave five currency notes of the denomination of Rs.100/- each. Under the instructions of the Trap Laying Officer, Assistant Sub Inspector, Jansingh Chaganbhai Chaudhary, conducted the demonstration of phenolphthalein powder and solution of sodium carbonate and explained the characteristics of the same to the complainant and the panch witnesses. All the currency notes were smeared with phenolphthalein powder and placed in the left shirt pocket of the complainant and necessary instructions to all were given and the Panchnama Part 1 was drawn and the necessary signatures were affixed. As decided, the complainant, panch witnesses and members of the raiding party left the ACB Office at around 8.45 am in Government Vehicle Registration No. G.G.1G.2987 and went from Makai Bridge, Adajan Patia, Navyug College and halted the vehicle in the lane of Sujata Society. The complainant and