(1.) The present judgment will dispose off three appeals directed against the judgment dated 5 th July 2002 passed by the learned Special Judge in RC 3(A)/96 ACU convicting the three Appellants (Mr. Sukh Ram, Mr. Rama Rao and Ms. Runu Ghosh) for the offence under Section 120-B IPC read with Section 13(1) (d) and Section 13(2) of the Prevention of Corruption Act, 1988 and convicting Mr. Sukh Ram and Ms. Runu Ghosh, the Appellants in Crl. A. Nos. 536 and 482 of 2002 respectively, additionally for the substantive offence under Section 13(1)(d) read with Section 13(2) Prevention of Corruption Act, 1988. The Appellants (hereafter referred to by their names, for convenience) also challenge the order sentencing them to periods of two and three years' rigorous imprisonment ('RI') and fine of Rs. 1 lakh, in default of which they were to further undergo simple imprisonment ('SI') for six months for the offences. The appeals were received by the Division Bench, upon a reference regarding the correct interpretation of Section 13 (1) (d) of the Prevention of Corruption Act 1988 (hereafter "the 1988 Act").
(2.) Before proceeding it would be necessary to extract the relevant portions of the order (dated 24.09.2009) referring the appeals to the Division Bench. It reads as follows:
(3.) Mr. Sukh Ram was the Union Minister of State for Communications [MoS (C)] with independent charge for the period of 18 th January 1993 to 16 th May 1996. Ms. Runu Ghosh was the Director (FA-V) in the Department of Telecommunications (DoT) at that time. Mr. P. Rama Rao was the Managing Director of Advanced Radio Masts Pvt. Ltd. ('M/s.ARM').