JUDGMENT :

1. The 1^st accused in C.C.No.23 of 2001 on the files of the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram is the appellant. He along with the 2^nd accused was tried for offences punishable under Sections 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Section 120B of the Indian Penal Code, 1860 (IPC). The Special Court as per the judgment dated 02.12.2008 convicted and sentenced the appellant for both the offences, however, acquitted the 2^nd accused. Challenging his conviction and sentence, the appellant filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (Code).

2. Heard the learned counsel for the appellant and the learned Special Public Prosecutor (Vigilance).

3. The case of the prosecution is the following:

The appellant was the contractor of the work “KIP RBC Formation of Vallikunnam Distributory Package-I from Ch.40-M to 2000-M including CD works”, an agreement in regard to the work was executed on 12.11.1987. Several additional works were to be undertaken. Regarding each such work, separate supplemental agreement was executed. One of such additional work was construction of toe wa