R BALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a case in which the appellants before us in Criminal Appeal No. 372 of 2001 and Criminal Appeal No. 373 of 2001 have been convicted under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947 (for short 'the Act') for having caused, M/s. Graphite India Ltd. (for short 'M/s. GIL), Bangalore, to obtain valuable thing namely, electricity by selling it to the said company illegally and by abusing their official position as public servants which also resulted in pecuniary advantage to M/s. GIL to the tune of Rs. 19 lakhs and odd. So far the said two appellants themselves are concerned, it is neither the case of the prosecution nor the finding of any Court that they gained or acquired any kind of benefit, pecuniary or otherwise, out of the transaction in question. The High Court, on the other hand, finds that there is nothing to show that for obtaining Kerala electricity any illegal gratification was given to the appellants or any illegal means was employed by M/s. GIL.

(2.) The two appellants for the aforesaid conviction have been sentenced to simple imprisonment for a period of one year and a fine of Rs. 10,000/- each, in default, to undergo simple imprisonment for a further period of two months. The conviction and sentence as recorded by the Trial Court has been maintained by the High Court in appeal. The appellant in Criminal Appeal No. 372 of 2001 - Balakrishna Pillai is to be referred hereinafter as 'A-1' and the appellant in Criminal Appeal No. 373 of 2001 - P. Kesava Pillai as 'A-2'. So far the appellant in Criminal Appeals Nos. 725-727 of 2002 - Gopalakrishna Pillai is concerned, he has been examined as PW 45 in the case and is aggrieved by adverse comments made against him in the judgment of the High Court.

(3.) The main question which falls for our consideration in these appeals is as to whether the appellants A1 and A2 have illegally sold electricity to M/s. GIL by using their official position which amounted to "causing to obtain" valuable thing to M/s. GIL resulting in pecuniary advantage as well to M/s. GIL.