( 1 ) THIS appeal has been preferred by the State against the judgment dated 24. 10. 1983 whereby both the accused persons were acquitted by learned Special judge,delhi, of the charges under section 161/34 IPC, under section 5 (2) read with section 5 1 (i) (d) of Prevention of Corruption Act, read with section 34 of IPC.

( 2 ) THE facts relevant for the purpose of deciding this appeal are that one dev Raj Sahni (complainant) was Managing Director of the Company M/s Sahni Sons private Limited at 4/14a, Asaf Ali Road, New Delh. His two sons Rakesh Sahni and Rajesh Sahni were running business in the name of Sahni Sons Manufacturing company, at 3482, Netaji Subhash Marg, Delh. His sons were getting the cabins and wooden partition made in their office through a carpenter on 15. 6. 1980 when accused P. K. Jain, Junior Engineer of City Zone, MCD approached them in the office at about 2 p. m and told them that the wood work and partition being done in the office was contrary to law, since they had no permission. He was told by rakesh Sahni that no permission was required for getting old partition renovated. Mr. Jain told Mr. Rakesh Sahni to see him in his office on 16. 6. 80 with his fath

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