( 1 ) THE State of Gujarat, by way of this appeal, has challenged the judgment and order dated 13. 1. 1988 passed in Special Case No. 3 of 1985 by the learned Special Judge, Surat acquitting the respondent for offences punishable under section 161 of the IPC and sections 5 (1) (d) read with 5 (2) of the Prevention of Corruption Act, 1947.

( 2 ) THE respondent at the relevant time was serving as an Extension Officer (Construction) in Taluka Panchayat, Mangrol. The complainant Kalidas Vasava, Ex. 5, at the relevant time was the Sarpanch of Ranakpur village under Mangrol taluka. For the purpose of constructing public well in the village, the village panchayat, by passing a resolution, applied for grant from the District Panchayat and the District Panchayat granted sanction to the amount of Rs. 18,000. 00 for the said purpose. The first instalment of Rs. 4000. 00 out of the sanctioned amount was released by the Taluka Development Officer in favour of the complainant on 20. 4. 1983. As a part of duty to supervise the construction work, the respondent used to come to the site and as per the say of the complainant, the respondent used to raise unnecessary objections regardin