VIPIN SANGHI, J.

1. The present appeals are directed against the common judgment dated 21.04.2008 passed by Sh. Vinod Goel, Special Judge, C.B.I. in C.C. No. 122/99 (RC No. 54 (A)/95-DLI), wherein the three appellants were convicted of the offences under Section 120-B Indian Penal Code (‘IPC’ for short) read with Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act, 1988 (‘PC Act’ for short). Appellant Lala Ram was also convicted under Section 13(1)(d) read with Section 13(2) of the PC Act. Vide order on sentence dated 26.04.2008, Appellant Lala Ram was directed to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 15,000/- and in default thereof, to undergo simple imprisonment for a period of seven days for offence punishable under Section 120-B IPC. He was further directed to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 15,000/- and in default thereof, to undergo simple imprisonment for a period of seven days, for offence punishable under Section 13(2) of the Act. Both the sentences were directed to run concurrently for Appellant Lala Ram.

2. Appellant Diwan Chand Pruthi was sentenced to three years rigorous imprisonment for the offence punishable under Section 120-B IPC with a fine of Rs. 15,000/- and in default of payment of fine, to undergo simple imprisonment for seven days.

3. Appellant Bhag Chand was sentenced to rigorous imprisonment for one year for the offence punishable under Section 120-B IPC with a fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for seven days.

4. The appellant Diwan Chand Pruthi is the Chairman, Cepham Organics; appellant Lala Ram is a regular mazdoor in MTNL, MDF Kidwai Bhawan, and appellant Bhag Chand is Office Assistant of Cepham Organics.

5. The charge-sheet in the present case arose out of FIR no. RC No. 54 (A)/95-DLI (Ex. PW4/G), registered on basis of a written complaint dated 30.06.1995 by Sh. Ved Prakash, Inspector, CBI, ACB-I, New Delhi (Ex. PW4/H).

6. It was alleged that appellant Lala Ram in 1994 traced a spare telephone line with STD/ISD facility in the MDF Room, and entered into a criminal conspiracy with appellant Diwan Chand and appellant Bhag Chand, by providing them an illegal telephone connection with ISD/STD facility. In furtherance of this conspiracy, the said spare telephone number 3716165, with STD/ISD facility, was diverted by appellant Lala Ram, on the disconnected line of telephone number 3713201 of Cepham Organics. In return, a payment of Rs. 25,000/- per month in two equal installments of Rs.12,500/- on 10th and 25th day of every month was made to appellant Lala Ram.

7. It is the case of the prosecution that – on 30.06.1995 a surprise inspection was conducted by Sh. Ved Prakash, Inspector, CBI jointly with MTNL Vigilance staff. Two separate teams, simultaneously, conducted an inspection at the office of M/s Cepham Organics Pvt. Ltd. at Connaught Place and Kidwai Bhawan, MTNL. It is alleged that at the time of the raid, a telephone call was allegedly made by appellant Lala Ram from MDF, Kidwai Bhawan Exchange, which was received by Shobha Dutta (PW16) – a member of the raiding team. Appellant Lala Ram allegedly left a telephonic message for appellant Bhag Chand to disconnect the telephone line of number 3716165. The said telephone number 3716165 was misused till the day of surprise check i.e. 30.06.1995. Due to the aforesaid conspiracy, a wrongful loss of Rs. 24,92,695/- was caused to MNTL, and wrongful gain was made by the appellants and the Cepham Organics. In short, the allegation against the three appellants in the charge-sheet was that in furtherance of a criminal conspiracy, Appellant Lala Ram diverted telephone number 3716165 with STD/ISD facility to the disconnected telephone number 3713201, installed at M-134, Connaught Place – office premises of Cepham Organics Ltd, for a monthly payment of Rs. 25,000/- made by Appellant Diwan Chand and