(1.) These two appeals have been filed against the common judgment of conviction dt.11th September 2012 passed in Special Case No.2/2010.
(2.) Appellant Hemant Kumar in Cr.A.No.713/12 was posted as Sub Divisional Officer at Rajghat Canal and Sindhu Regulator Sub Division No.1, Orchha, Jhasi vide order dt. 22.2.2001. He joined on the aforesaid post on 28.2.2001. He was transferred vide order dt.31.7.2001 as Sub Divisional Officer, Dam Safety, Sub Division No.4, Gwalior. V.K.Vyas, appellant in Cr.A.No.718/2012 was also posted during the aforesaid period as Sub Engineer.
(3.) A complaint before the Lokayukt was made on 21.2.2001 that there were irregularities committed in construction of a canal. On behalf of Lokayukt two Executive Engineers and Assistant Engineer conducted the spot inspection. Thereafter, an FIR was lodged by the Lokayukt at Police Station Lokayukt Bhopal and on the basis of the aforesaid, an offence vide Crime No.19/2008 under Sections 193, 196, 199, 201, 465, 467, 471 of IPC and Sections 15, 13 (1) (d), 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act) was registered against both the appellants. Thereafter, Lokayukt establishment filed charge sheet before the Special Judge, Prevention of Corruption, Datia.
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