K. Hema, J.

1. The appellants, two in number, were charge-sheeted by respondent-CBI for offences under Section 120-B IPC read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 ('the Act', for short) and Section 465 of Indian Penal Code (`IPC', for short). Both of them were convicted and sentenced under the said sections by learned Special Judge (SPE/CBI)('the Special Judge', for short). This appeal is filed challenging such conviction and sentence.

FACTS, BRIEFLY:

2. According to prosecution, first accused was working as an 'Assistant' in the Passport Office in the 'passport writing section'. Second accused was the proprietor of a travel agency. In September, 2002 they allegedly conspired and agreed to get a fake passport issued to PW1, by incorporating therein a wrong date of birth of PW1, to facilitate PW1 to get a job abroad. Accordingly, first accused, on 9.9.2002, being a public servant, by corrupt and illegal means, by abusing the position as a public servant, forged signatures of PW10 in Exhibit P4-passport, affixed the seal of the passport officer, which was not then in use and made a false document, with intent to support a false claim. In pursuance of the alleged criminal conspiracy, first accused also allegedly prepared Ext. P4 manually, by falsely noting a wrong date of birth of PW1. The accused thereby, allegedly obtained Ext. P4-passport, a valuable thing for PW1 and committed the various offences.

3. PWs 1 to 29 were examined and Exhibits P1 to P53 were marked on the side of the prosecution. The accused examined DW1 and marked Exhibits D1 to D4. The court below held:

i) that accused 1 and 2 hatched a criminal conspiracy for creating Ex.P4 passport with a false date of birth of PW1 than what is contained in the original passport, Ex.P1;

ii) that the first accused, in pursuance of such conspiracy dishonestly and by abusing his official position as a public servant, by corrupt or illegal means, wrote Exhibit P4 and forged the signatures of PW10 in Ex.P4;

iii) that first accused handed over Ex.P4 passport to second accused, in pursuance of such conspiracy; and

iv) that all the items marked as 'Q1 to Q4' in Ex.P4-passport were written by first accused.

On the basis of the above findings, mainly, both the accused were convicted for the various offences including criminal conspiracy and forgery falling under Sections 120-B and 465 IPC.

4. 'Criminal conspiracy' is defined under Section 120-A IPC as follows:

"S.110-A. Definition of criminal conspiracy.-- When two or more persons agree to do, or cause to be done,--

(1) an illegal act, or

(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation.--It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

A reading of section 120-A IPC reveals that to constitute the offence of criminal conspiracy, there must be an agreement between two or more persons. Such agreement must be, to do or cause to be done, a particular act or acts of the nature specifically referred to in the said section. Such acts may be either illegal as stated in sub-clause (1) of section 120-A IPC or, it may not be illegal. If such act is not illegal by itself, sub-clause (2) of section 120-A IPC requires that such act is to be done or caused to be done, by illegal means.

5. The proviso to Section 120-A lays down that no agreement, except an agreement to commit an offence shall amount to a criminal conspiracy, unless some act besides the agreement is done by one or more parties to such agreement, in pursuance thereof. As per the explanation, it is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that o