JUDGMENT :

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, FTC No. 4, Bhavnagar (hereinafter referred to as “the learned Trial Court”) in Special (ACB) Case No. 2/2006 on 31.03.2010, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “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 an Unarmed Police Constable at the Songadh Police Station, Bhavnagar District and was a public servant. Savjibhai Jethabhai Rehwar, a resident of village Katodia, Taluka Shihor, District Bhavnagar was the father of the complainant - Manjibhai Savjibhai Rehwar who had a quarrel with one Vijaysinh Jambha Gohil of the same village and a complaint to that effect was filed by Savjibhai Jithabhai Rehwar at Songadh Police Station. The case was pending before the Court at Bhavnagar and the accused had contacted the father of the complainant to intimate about the date of adjournment and at that time had demanded an amount of Rs. 1000/- as illegal gratification for petrol expenses was incurred by him and at that time, the father of the complainant had given him the amount. Thereafter, the accused contacted the complainant at the factory where he was polishing diamonds at Bhavnagar and told him to send his father to the Police Station on Sunday with a surety as the matter was adjourned to 12.09.2005. Once again on 11.09.2005 at around 08.00 am, the accused contacted the complainant at the factory where he was polishing diamonds and told him to send his father in the evening to the Police Station. The father of the complainant had also told him that the accused had contacted him and called him to the Songadh Police Station at 06.00 pm. The complainant contacted the accused on his mobile number and at that time, the accused demanded an amount of Rs. 1000/- for the expenses incurred and after bargaining, the amount was settled at Rs. 800/-. The complainant did not want to pay the amount of illegal gratification and went to the ACB Police Station, Bhavnagar on 12.09.2005 and the complaint of the complainant was recorded between 11.45 hours to12.45 hours.

2.2 The Trap Laying Officer called the panch witnesses and as the complainant did not have the amount of Rs. 800/- which was demanded as illegal gratification, the amount of was taken from the government grant which consisted of one currency note of the denomination of Rs. 500/- and three currency notes of the denomination of Rs. 100/- each. Police Constable Deepakbhai Sakadia 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 folded and placed in the left shirt pocket of the complainant. 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 left the ACB Office at Bhavnagar in a government jeep bearing registration no. GJ-1-G-2383 and left the Bahumali Bhavan at 14.50 hours and went from Neelambag Crossroads, Jail Road, Youth Hostel Office and came to a STD PCO on the main road and halted the vehicle. The complainant contacted the accused on his mobile phone from the STD PCO and the accused told him that he had sent his father home and on inquiring where he should meet him, the accused told him that he would come home in the evening. The complainant told the accused that his daught