JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant-State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 31.03.2005 passed by the learned Special Judge, Fast Track Court No. 3, Valsad (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 1 of 2002, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. The respondents are hereinafter referred to as ‘the accused’ as they stood in the original case, for the sake of convenience, clarity and brevity.

1.1 During the pendency of this appeal, the respondent No. 2 expired and hence the appeal qua the respondent No. 2 was abated by an order dated 10.10.2022.

2. The brief facts that emerge from the record of the case are as under:

2.1 That in the year 1987, the accused No. 1 Raghubhai Sayajibhai Nayak was working as the District Manager, at Valsad and the accused No. 2 was working as the Assistant Manager in the Gujarat Tribunal Development Corporation at Valsad. That at that time, Vinodbhai, the son of the complainant Zinabhai @