ORAL JUDGMENT

1. This appeal has been filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge, Fast Track Court No. 1, Surendranagar (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 5 of 2004 on 31.08.2007, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 7, 13(1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 (hereafter referred to as “the PC Act” for short)

The respondents are hereinafter referred to as the accused as they stood in the rank and file 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 no. 1 was working as a Talati Cum Mantri of village Ingrodi, Taluka Lakhtar, District Surendranagar and the complainant Haiderkhan Mojukhan Malek had purchased land bearing survey no. 59/2 situated in the outskirts of village Ingrodi from Mohbatkhan Karimkhan and wanted to get his name mutated in the revenue record. That the complainant Haiderkhan Mojukhan Malek met