JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant-original accused under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of conviction in Special (ACB) Case No. 15 of 2001 passed by the learned Presiding Officer, 6th Fast Track Court, Surat (herein after referred to as ‘the learned Trial Court’) on 19.04.2006, whereby, the learned Trial Court has convicted the respondent for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as ‘the P.C. Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing the conviction appeal are as under:

2.1. That the accused in the year 2001 was working as Talati-cum-Mantri in Takarma Gram Panchayat and was a public servant and the complainant Mahendrabhai Maganbhai Patel had property bearing Survey No. 292 in Takarma village. The complainant wanted the name of his wife Kanchanben and his son Bharatbhai to be mutated in the revenue record as joint owners an