In an appeal against acquittal, the appellate court cannot interfere unless the trial court's findings are perverse. To sustain a conviction under corruption laws, the prosecution must prove, beyond reasonable doubt, both the demand and the conscious acceptance of illegal gratification as foundational facts.

JUDGMENT :

S.V. PINTO, J.

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 Special Judge & Additional Sessions Judge, Fast Track Court, Navsari (hereinafter referred to as “the learned Trial Court”) in Special Corruption Case No. 2/2000 on 30.03.2010, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 7, 12, 13(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short).

1.1 The respondents are hereinafter referred to as “the accused” in the rank and file as they 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 were working on the Nasik Octroi Plaza, situated in the area of Saputara, Ahwa-Dang District, in the notified area of the Collector and were engaged in the collection of the official Octroi from the vehicles that were entering into Gujarat from Maharashtra State. The complainant, Mahavirsinh Pravinsinh Raol, Police Inspector, ACB Police Station, Valsad, had received secret information that the employees working on the Nasik Road Octroi Plaza were demanding amounts of illegal gratification from the vehicle drivers besides the entry fee of Rs.10/- and decided to arrange for a decoy trap. Accordingly, on 30.06.1999, two panch witnesses were called and at around 16:00 hours, the panch witnesses and the complainant - Trap Laying Officer and the other members of the raiding party left in government vehicle No. GJ-01-G-1867 and came to the Shrimati Pushpatai Hiray Ashram Shala, Rathgad village in Maharashtra State. A truck number GJ-02-X-435 was halted and the cleaner Natwarji Lakshmanji Mohil, a resident of village Karan Nagar, Taluka Kadi, District Mehsana, was explained about the decoy trap and he agreed to cooperate. A currency note of denomination Rs.10/- was smeared with anthracene powder and placed in the left shirt pocket of the decoy Natwarji Lakshmanji Mohil and necessary instructions were given to all concerned. The Panchnama Part-II was drawn on 30.06.1999 at 20:45 hours. As decided, they left Shrimati Pushpatai Hiray Ashram Shala, Rathgad at about 20:50 hours and at around 21:05, they reached the Nasik Road, Octroi Plaza at Saputara. A person in civil clothes halted the truck and the panch No.1 and the decoy Natwarji Mohil alighted from the truck and met the person who told him to go to the Octroi booth and pay an amount of Rs.10/- as entry fee. The panch witness and the decoy went to the Octroi booth and three policemen in all were standing outside the toll booth. They met the person who was seated on the chair, who asked the decoy what was in the truck and the decoy told him that he had jaggery in the truck. The papers were shown and the person told him that he did not want to see the papers and demanded an amount of Rs.10/-. The decoy gave an amount of Rs.10/- which was accepted and the truck number was inquired from the decoy and a receipt of Rs.10/- was given to the decoy after endorsing the truck number on it. The person demanded for the amount of Rs.10/- and the decoy took the tainted currency note from his left shirt pocket and gave it with his right hand to the accused No.1 who accepted it with his right hand and placed it on the table. The decoy gave the predetermined signal and the and the tainted curren