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 in Special (ACB) Case No. 04 of 1998 passed by the learned 2nd Additional Sessions Judge, Jamnagar camp at Khambhaliya on 18.03.2009 (hereinafter referred to as ‘the learned Trial Court’) whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C. 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.

2. That the respondent No. 2 herein-original accused No. 2 has expired on 30.03.2019 and copy of death certificate has been produced on record and hence, the present appeal qua the respondent No. 2 stand abated and the present appeal survives qua the respondent No. 1 herein-original accused No. 1.

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

3.1. The accused No. 1 was working as unarmed Police Constable in Dwarka police station and