JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgment and order of conviction passed by the learned Presiding Officer, Fast Track Court No. 2, Vadodara, (hereinafter referred to as “the learned Trial Court”) in Special Case No. 15 of 2004 on 12.11.2008, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Section 13(1)(d)(ii)(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”).

The appellant 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 Head Constable in the Panvad O.P. Kavanth Police Station, Vadodara Rural and was a public servant and Kandubhai Malubhai Rathva - the complainant was a panch witness in a case filed under Section 376 of the Indian Penal Code by a prosecutrix who was a resident of Raisa village. That the complainant was the panch of the panchnama by which the clothes were seized by the police and on 14.02.2004