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 11-07-2007 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Track Court, Gondal (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 03 of 1997, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(d) (1)(2)(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] In September 1989, the accused was working as a Deputy Engineer in the Gujarat Electricity Board at Lodhika and was a public servant. The complainant Kaushikbhai Dayabhai Patel was a businessman and in April 1988 had purchased 10,000 Sq. Yrds. of land in the Shapar-Veraval, Kotada Sangani Industrial Zone to start the business of stoneware drain pipes for gutter from cowling clay and had filed an application for an electricity connection on 03-10-1988. The complainant had paid the necessary fees at the Lodhika Sub Division and had met then Deputy Engineer Mr. Parekh and requested him to give the electricity connection at the earliest. After the application was given, the Deputy Engineer Mr. Parekh was transferred within a couple of months and the accused was posted as the Deputy Engineer at the Lodhika Sub-Division. The complainant met the accused on a number of occasions and requested him to give the electricity connection at the earliest as his factory was ready for production, but without the connection, he could not start the factory. On 06-09-1989, while the complainant was at his factory at around 05:00 pm, the accused came in his government vehicle and told the complainant that he was in a hurry to go to Rajkot, and he would give the connection on the next day, but would give the Connection Release Certificate only after the amount of illegal gratification of Rs.5000/- was paid. As the complainant was in a hurry to start his production, he had agreed to pay the amount of Rs.5000/- as illegal gratification and inquired from the accused as to where should the amount be paid and the accused told him that on 09-09-1989, it was a Saturday and a holiday and he should come to his office at Lodhika at around 9 am and give the amount of illegal gratification. The complainant did not want to give the amount of illegal gratification and went to the ACB Police Station at Rajkot (Rural) on 08-09-1989 and the complaint of the complainant was recorded.

2.2] The Trap Laying Officer called the panch-witnesses and the complainant gave fifty currency notes of the denomination of Rs.100/- each. PSI O.B.Sharma, under the instructions of the Trap Laying Officer, explained the characteristics of anthracene powder and ultraviolet lamp to the complainant and the panch-witnesses and conducted the demonstration of the same and all the currency notes were smeared with anthracene powder and placed in one hand purse of the complainant after the complainant had opened the zip of the purse and widened the same, and the complainant closed the zip of the purse. The necessary instructions were given and the Panchnama Part I was drawn and the signatures of all the concerned were taken. As decided, the complainant, panch witnesses and members of the raiding party sat in the jeep and left from Trikon Bagh - Gondal Road - Ribda and Sangarwa and reached Lodhika and halted the jeep a little ahead near the school in front of the police station. The complainant and the panch witness alighted and walked towards the Gujarat Electricity Board Office and the members of the raiding party and Panch No. 2 followed them