JUDGMENT :

1. The appellant – State of Gujarat has preferred the present appeal under Section 378(1)(2) of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 11.06.2010 passed by the learned Special Judge, Surat in Special (A.C.B.) Case No.1 of 1999 whereby the learned Special Judge has acquitted the respondents – original accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) etc of the Prevention of Corruption Act, 1988 (hereafter be referred to as “the Act”).

2. Brief facts giving rise to the present appeal are as under:-

2.1 At the relevant point of time, the respondents – accused were discharging their duty as Surveyors with the office of the Mahanagarpalika, Surat. That the complainant is residing on the ground floor i.e. at House No.321, Girnar Society, Nana Varachha, Surat and his brother is residing on the first floor and they have separated their house between them for which necessary application came to be filed for mutating entry in the revenue record. In pursuance of the same, the complainant had given an application dated 07.03.1998 for mutating their names in the record. However, accused demanded an amount of Rs.1,000/- from