FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

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 15-09-2005 passed by the learned Special (ACB) Judge, Fast Track Court No.1, Amreli (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 10 of 1993, 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) and Sections 306 and 114 of the Indian Penal Code, 1860.

1.1] During the pendency of this appeal, the respondent Nos. 1 and 2, who were the public servants expired and hence the appeal qua the respondent Nos. 1 and 2 was abated by an order dated 14-05-2025.

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: