JUDGMENT :

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order of acquittal dated 23.11.2006 passed by the learned Special Judge, Anand (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 36 of 2006 (Old Case No. 3 of 2003), whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(D) and 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the P.C.Act’). The respondent is hereinafter referred to as ‘the accused’ at 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 a Talati-Cum-Mantri, Class-III, at Khadodhi Gram Panchayat, Taluka, Khambhat, District Anand and was a public servant. That Motibhai Chauhan, the father of the complainant Ganpatbhai Chauhan and Mohanbhai Chauhan, the uncle of the complainant Ganpatbhai Chauhan, had purchased a house from Gangaben, daughter of Bhaiba Aatabhai, resident of village