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 judgment and order of acquittal dated 28-02-2014 passed by the learned Special Judge, Surendranagar (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 02 of 2007, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as the “ the PC Act).

1.1] During the pendency of this appeal, the respondent No. 1 expired and hence the appeal qua the respondent No. 1 was abated by an order dated 12-02-2026.

1.2] 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] The accused No.1 was working as the Executive Engineer (Class – I) in the District Panchayat, Surendranagar on 15-07-2006 and was a public servant. The accused No.2 was a Contractor and a private person. The complainant La