ORAL JUDGMENT

1. The present acquittal Appeal has been filed by the appellant – original complainant, State of Gujarat under Section 378 of the Cr.

P.C., against the Judgment and order dated 28.8.1992 rendered by the learned Special Judge, Court No.2, Ahmedabad, in Special Case No.3 of 1990. The said case was registered against the present respondents original accused for the offence under Sections 7, 13(1)(d)(i) and (ii) and 13(2) of the Prevention of Corruption Act.

2. According to the prosecution case, the complainant Gordhanbai Mangilal Gosai lodged a complaint with the Anti Corruption Bureau at Ahmedabad on 30.12.1988 that the accused No.1 is demanding illegal gratification of Rs.300/- from him for not filing a case under the Prohibition Act against his friend Subhash Pande. The facts as alleged are that the complainant is a truck-driver with Raol Roadways and is driving heavy goods vehicle; he is staying near Narol Courts, Saraniya- Vas. That on 29.12.1988 his friend Subhash Pande had come to Ahmedabad with a truck from Bombay and the complainant had invited him at his residence for dinner. The complainant and his friend Subhash Pande are habituated to consume liquor and as suc