Judgment

Brijesh Kumar, J.—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 Section 5(2) read with Section 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 defau