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 28.02.2013 rendered by the learned 4th Additional District and Session Judge, Bharuch, in Special Case-ACB No.3 of 2009. The said case was registered against the present respondents-original accused for the offence under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

[2] According to the prosecution case, complainant- Parshottam K. Patel registered police complaint on 12.02.2007 before the ACB Police Station, Bharuch. It is the case of the prosecution that the complainant alleged that the property bearing survey No. 206/2 was situated in the sim of village Sarangpur. The said property was ancestral property and being continued in the name of complainant’s mother Panbai Khetabhai and near the aforesaid land, a railway line leading Ankleshwar to Rajpipla is passing and compound wall being constructed for separating land of survey No.206/2 and railway land. The Railway Department had given notices for demolishing and removing the encroachment made by constructing the w