HARSHA DEVANI - (1.)THIS appeal is directed against the judgment and order dated 5th March, 1998 passed by the learned Special Judge, Panchmahals at Godhra in Special (Corruption) Case No.8/1994 whereby the respondents have been acquitted of the offences punishable under sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act").
(2.)THE prosecution case is that the complainant Kantilal Manilal Patel, resident of village Saliyabid, taluka Santrampur lodged a complaint before the Police Inspector, Anti-Corruption Bureau, Godhra on 30th April, 1990 stating that he was working as a primary teacher at the Primary School, Margada since the last four years. They were three brothers and three sisters all of whom were married. His father Manilal Jivabhai Patel had expired on 4th March, 1990 and his grandfather Jivabhai Hirabhai Patel was alive. He had approximately fourteen to fifteen acres of land and his father had about five acres of land which was running in the name of his grandfather Jivabhai and his father. Since half of the five acres of land running in the name of his father and grandfather belonged to his father, upon his death, their names were to be entered by way of succession and for the purpose of making such mutation entries, he had met Somabhai, the Talati of Mota Gharola on 24th October, 1990 and requested him to make a succession entry, whereupon he had told him that since he was a teacher, he should give him Rs.500/- and the succession entry would be made, in response to which, he (the complainant) asked him to reduce the amount, whereupon the Talati told him that it was alright if he gives Rs.400/- which was not much, hence he had agreed to pay such amount and he (the accused) had told him that he should keep the amount of Rs.400/- ready on Monday 30 th April, 1990 and that in the afternoon, he would come to his house. It was alleged that on the said day, that is, 30th April, 1990, the accused was going to come to his house for the purpose of taking Rs.400/- for making succession entry and that since he was not willing to give such amount by way of illegal gratification, he had come to lodge the complaint.
Upon receiving the complaint, the Police Inspector, A.C.B. summoned two Government employees to act as panchas. After the arrival of the panch witnesses, they were introduced to each other and the complaint was read over to them. The complainant produced four currency notes of the denomination of Rs.100/- after which the procedure regarding smearing anthracene powder on the currency notes and carrying out the ultra-violet lamp demonstration was done. Thereafter, the raiding party set off from the A.C.B. office, Godhra towards Saliyabid at 12:45 hours and reached there at 14:30 hours and had hidden themselves in different parts of the house of the complainant. The complainant and panch No.1 were waiting on the verandah for the accused. In the meanwhile at 15:00 hours, the Talati Somabhai Koyabhai Patel came on a 'Bullet' motorcycle bearing No.GAM 5844 alongwith Lalabhai Ghanabhai Khant and sat on the verandah. The Talati asked the complainant to call the heirs and the panchas, whereupon at the instance of the complainant, one person had gone to call them. The statements of the heirs were recorded and upon the panchas coming there, the panchkyas was prepared and after the papers were prepared, their signatures were obtained thereon, after which the panchas had left. The Talati Somabhai came outside from the verandah and called the complainant, who was accompanied by the panch No.1, whereupon the Talati told the complainant to hand over Rs.400/- to Ravaniya Lalabhai and hence they had again returned to the verandah and the complainant as per the instructions of Somabhai took out Rs.400/- from his pocket and handed over the same to Ravaniya Lalabhai which he had accepted with his right hand and put inside the left pocket of his shirt. Thereafter the complainant gave the pre-determined signal and the raiding party reached there and gave their introduction. Thereafter, the muddamal currency notes were seized from the accused No.2 - Ravaniya Lalabhai and the procedure of ultra-violet lamp was carried out. The muddamal currency notes as well as other papers were also seized. Thereafter, they had returned to the A.C.B. office where the offence came to be registered. A.C.B. Police Inspector Shri Chauhan carried out the investigation of the offence and after obtaining sanction to prosecute the accused, filed the charge- sheet.

(3.)THE learned Special Judge after appreciating the evidence on record came to the conclusion that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt and acquitted them.