JUDGMENT :

1. This is an appeal 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 28.2.2005, recorded by learned Special Judge, Fast Track Court, Valsad in Special (A.C.B.) Case No.50 of 2002 (new) (Old Case No. 3 of 2001), whereby the learned trial Judge acquitted the respondent – accused of the charges for the offences punishable under Section 7, 13(1) read with 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).

2. Brief facts leading to prosecution case is that the complainant - Karsanbhai Bapujibhai Patel was residing with his two sons at Dulsad, Sindhi Faliya, Tal: District: Valsad and doing labour work. Before one week of filing of present complaint, a fall out took place between the complainant and Mohanbhai Bapujibhai regarding the hand-pump and, therefore, the complaint came to be lodged against Mohanbhai Bapujibhai at Valsad Rural Police Station. At the time of complaint, the respondent - accused was serving as head constable and investigating the complaint filed by the complainant against said Mohanbhai Bapujibhai. In view of the complaint f