L. NARAYANA SWAMY, J.-These two appeals are filed by the accused being aggrieved of the judgment and order of conviction passed by the Court below in Special (CBI) C.C. No. 2 & 3/2000 on the file of Principal Sessions & Special Judge, Dharwad sentencing the appellant to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 25,000/- & Rs. 15,000/- and in default to undergo Simple Imprisonment for four months for offence under Sections 13(1)(c) & (d) punishable under Section 13(2) of Prevention of Corruption Act, 1988 respectively in both the cases.

2. The appellant has challenged the above judgment and sentence of conviction on the following grounds:

(i) The appellant was not incharge of Railway Hospital to discharge the special duty referred in the charge. Hence criminal breach of trust and provisions of Prevention of Corruption Act are not attracted.

(ii) Before investigation of the complaint against the appellant, no sanction as required under the provisions of Railway Board Manual is obtained and what has been produced is only a xerox copy and original sanction letter has not been produced.

(iii) There is no material for having collected prescribed fee beyon