ORAL JUDGMENT

[1] The present acquittal Appeal has been filed by the appellant–original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 10.06.2004 rendered by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No.5, Bharuch, in Special A.C.B. Case No.9 of 1999. The said case was registered against the present respondent-original accused for the offence under Sections-7, 13(1) read with Section-13(2) of the Prevention of Corruption Act.

[2] According to the prosecution case, a complaint by Dineshkumar Misrimal Shah was lodged to the Police Inspector, A.C.B. At Bharuch on 29.04.1999 stating inter alia that the Respondent who was discharging his duty, as Deputy Engineer, Gujarat Electricity Board, Bharuch, came with his helper to the shop and residence of complainant for inspecting the meter of the Respondent's house and shop. After inspection of the residential premise as well as shop, he counted the points. He thereafter informed that the complainant had used unauthorized load and for such unauthorized load the different meters are required to be connected and as that was not done and the compla