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 01.06.2004 passed by the learned Special Judge, Joint District and Additional Sessions Judge, Fast Track Court No. 8, Sabarkantha @ Modasa (Sabalpur) (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 7 of 1997, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1) (D), (1, 2, 3) & 13 (2) of the Prevention of Corruption 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 brief facts that emerge from the record of the case are as under:

2.1 That the accused was working as an unarmed, First Grade Head Constable Buckle No. 336 in Malpur Police Station at Sabarkantha in 1997 and was a public servant. That Jamnaben, the cousin of the complainant Bhurabhai Punjabhai Damor residing at village Agariya, Tal: Malpur, District: Sabarkantha had filed a complaint against the complainant i.e. Bhurabhai Punjabhai Damor