JUDGMENT :

1. This appeal is preferred by the State of Gujarat under Section 378(3) of Code of Criminal Procedure, 1973 (“The Code” for short) against the judgment and order of acquittal dated 28.11.2006, recorded by learned Additional Sessions Judge and Fast Track Court, Junagadh in Special Case No.4 of 1997, wherein, the learned trial Court acquitted the respondent – accused from the charges of the offences punishable under Sections 7, 12, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).

2. Brief facts leading to the prosecution case is that, both respondents no.1 and no.2 herein, at the relevant time were posted at ‘octroi naka’ Junaghadh. On 16.07.1996, respondent no.1 intercepted ‘chakado rikshow’ driven by Rajeshbhai Pragjibhai and asked for the bill for the soda bottles, he was carrying in rickshow. As the driver of ‘rickshow’ was not having the bill, respondent no.1 ask Rs.200/- as deposit. It was case of the prosecution that in response thereto driver of rickshow told respondent no.1 that he had only Rs.100/- and thereafter the amount of Rs.100 was taken by respondentno.1 and given to respondent no.2. Despite acceptance of Rs. 100/- a