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 23.06.2006, recorded by learned Special Judge (Fast Track Court No.5), Bhuj- Kutch in Special Case No.99 of 1993, whereby the learned trial Court acquitted respondent – accused from the charges of the offences punishable under Sections 7, 13(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, on 29.12.1991, respondent was discharging his duties as a Nayak - Peon in the office of Gujarat State Warehousing Corporation, Bhuj and on that day, complainant-Ramesh Kanji Rathod, resident of Mahdapur, Junavas, Taluka: Bhuj, District: Kutch, came with loaded truck bearing No.GRN 3668. The said truck was loaded with DAP Fertilizers of Gujarat State Fertilizers Co. Ltd., Bhuj Depot, Village: Moti Khavdi, Jamnagar, Sikka and required to be offloaded at the godown of Gujarat Warehousing Corporation, Bhuj. For offloading the truck, on 29.12.1991, the complainant met respondent, who told the complainant that today being