(1.) Through this appeal, the appellant-original accused nos.1 and 2 have challenged the judgment and order dated 8.2.2005 passed by the learned Special Judge, Pune in Special Case No. 33 of 2001. By the said judgment and order, the learned Special Judge convicted the original accused no.1 for the offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act and sentenced him to RI for one year and fine of Rs.1500/- on both the counts i/d RI for three months. The learned Judge directed that both the sentences shall run concurrently. The learned Judge convicted the accused no.2 for the offence under Section 12 of the Prevention of Corruption Act and sentenced him to RI for six months and fine of Rs.500/- i/d RI for three months.
(2.) The prosecution case briefly stated is as under:
(3.) Charge came to be framed against the accused no.1 under Section 7, 13(1)(d) r.w. 13(2) of the Prevention of Corruption Act. Charge came to be framed against accused no.2 under Section 12 of the Prevention of Corruption Act. Both the accused pleaded not guilty to the said charge and claimed to be tried. Their defence is that of total denial and false implication. The learned Sessions Judge after going through the evidence adduced by the prosecution convicted and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.