(1.) The appellant - State of Gujarat has preferred the present Appeal under Sec. 378 of Criminal Procedure Code, 1973 against the judgment and order of acquittal dtd. 6/10/2006 passed by the learned Presiding Officer, Fast Track Court No. 5, Palanpur in Special Case No.7 of 2001, whereby the respondent-original accused was acquitted from the charges levelled against him under Ss. 7, 12, 13(1)(d) 1, 2, 3 and 13(2) of the Prevention of Corruption Act.
(2.) The facts in brief giving rise to the filing of present Appeal are as under:
(3.) To prove its case, the prosecution has examined five witnesses being complainant - Chenabhai Udaji Brahmin Exh. 24, panch - Jayantibhai Umiyashankar Raval Exh. 28, A.C.B., P.I. Prabhudas Badaji Pandav Exh.42, A.C.B., P.I., Investigating Officer Kacharabhai Dalabhai Parmar Exh.70 and A.C.B., P.I - Investigating Officer Hirabhai Gedabhai Damor Exh.78. The prosecution has also produced various documentary evidences being Copy of seizure memo Exh.33, Pachnama pertaining to procedure of raid Exh.32, Complaint Exh.37, Copy of service book of accused Exh.56, Sanction to prosecuted the accused Exh.53. However, learned Presiding Officer, Fast Track Court No. 5, Palanpur, after hearing both the parties vide his judgment and order dtd. 6/10/2006 passed in Special Case No. 7 of 2001 has acquitted the accused of the offences with which he was charged.