JUDGMENT

1. The present appeal has been filed under Section 27 of the Prevention of Corruption Act, 1988 (for short the ‘Act’) read with Section 374(2) of the Code of Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) challenging the judgment and order of conviction and sentence dated 30.05.2011 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) Mirzapur, Ahmedabad in Special A.C.B. Case No.1-2/2005, whereby appellant - accused came to be convicted under Section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short ‘P.C. Act’) and was ordered to undergo two years simple imprisonment with fine of Rs.10,000/- with default stipulation that in failure to pay the fine amount, to suffer further six months simple imprisonment.

1.1 The trial initially, was conducted against three accused under sections 7 along with section 12, 13(1)(a)(e) and 13(2) of the P.C. Act. Consequently, accused Nos.2 and 3, who were brother-in-law and wife respectively of the appellant, were acquitted from all the charges.

2. As per the prosecution case, the appellant - accused during the period from 10.06.2002 to 01.10.2002, while serving as Civil Judge (J.D.) and