JUDGMENT :

A.Y. KOGJE, J.

1. This appeal is preferred by the State under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order recording acquittal of respondent for the offense under Sections 7, 12, 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act. The impugned order is dated 12.08.2005 by the Special Judge, Fast Track Court No. 1, Amreli in Sessions Case No. 42 of 1993.

2. It is a case where the respondent had allegedly demanded an amount of Rs. 50/- for issuing of ration card in favour of the complainant. The complainant had made an application for issuing of a new ration card separate from his parents and the application was given on 10.12.1991 and the complainant made inquiries on many occasions and ultimately on 27.03.1992, when the complainant inquired about the status of his ration card, it is alleged that the accused demanded an amount of Rs. 50/- for handing over the ration card. It is in this regard that the FIR was registered with the ACB Police Station and upon due investigation, charge-sheet came to be filed.

3. Learned Additional Public Prosecutor submitted that the prosecution had successfully proved all the three aspects