K.J.THAKER, J. - (1.)HEARD learned Advocates for the respective parties.
(2.)BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 24.01.2001 by the learned Special Judge, Kachchh, Gandhidham in Special Case No.26/1999 whereby the accused were acquitted of the offences punishable under Section 7, 13(1)(gh) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to in short as 'the Act').
(3.)THE case of the prosecution in brief is as under : - The brother of the complainant was allotted a tender job for delivering sand from Baroda for Shivlakha Filter Plant in Kutch. It is alleged that the accused demand 10% of tender money, i.e. Rs.3380/= and Rs.500/= for site work, where the sand was to be placed. The complainant approached the ACB. A trap was arranged and on success of the trap, the accused was chargesheeted. The learned Special Judge by the above cited judgment and order acquitted the accused for the offences under which he was charged.
The prosecution had examined witnesses and had relied on several oral and documentary evidences, which are as under : - Particulars

Exhibit Chargesheet 1 List of Muddamal 8 Charge -Frame 5 Plea of Hiralal Harkishan Navani and further Statement 6 PW1 Kiranbhai Girjashankar Vaishanav 11 PW2 Shankarlal Chhaganlal Thacker 21 PW3 Ghanshyambhai Chhaganlal 23 PW4 Devisinh Lalusinh Solanki 28