JUDGMENT :

S.M. Gavhane, J.

1. This appeal is directed against the acquittal of the respondent (hereinafter referred to as 'accused') for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as 'the Act') as per the judgment and order dated 13/06/2011 in Special Case No. 01/2008 passed by the Ad-hoc District Judge-1 and Assistant Sessions Judge, Jalgaon.

2. Facts leading to institution of the present appeal, in short, are as under;

(a) The accused was working as a Section Engineer in Zila Parishad, Jalgaon, Sub Division Erandol during 12/03/1979 to 19/06/2007 and as such he was a public servant within the meaning of Section 2(c) of the Act. Certain houses were to be constructed under the "Indira Awas Yojana" (hereinafter referred to as 'the Scheme') at Kasoda by the Zilla Parishad, Jalgaon.

(b) The complainant Shamrao Bhimrao Chaudhari (P.W. 1) had purchased plot No. 64 from Gat No. 19 situated at Kasoda. He wanted to construct one house on the said plot under the Scheme during the financial year 2006-07. As such the complainant was one of the claimants of one house under the scheme.

(c) It is the c