The main legal point established is that the demand and acceptance of illegal gratification constitute offenses under the Prevention of Corruption Act, and the burden of proof lies on the accused to rebut the presumption.

JUDGMENT

Sushil Kumar Palo, J.

1. Regard being had similitude in the controversy involved in the matter, the above-mentioned cases were heard analogously and a common order is being passed.

2. Appellant-accused Karanveer Rana (Cr. Appeal No. 367/2006) and appellant-accused Lakhan Lal Mishra (Cr. Appeal No. 368/2006) have filed their appeals under Section 374(2) Cr.P.C to set aside the judgment dated 21st April, 2006 passed by the learned Special Judge (Prevention of Corruption Act), Guna in Special Sessions Trial No. 2/04, whereby the appellants have been convicted under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 [in short "PC Act''] and sentenced imprisonment for terms of one year each and imposed fine of Rs. 2000/- and under Section 13(2) of PC Act, imprisonment for one year each and fine of Rs. 2000/- each respectively. In lieu of fine, the appellants are directed to undergo sentence of three months each for every count.

3. The material facts which are not disputed in these appeals are that appellant Lakhan Lal Mishra was serving in as Railway Traffic Inspector (Railway Path Nirikshak) at Biaora Railway Station at the relevant time and subsequently, retired from service on 28th March, 2003. Accused-appellant Karanveer Rana was serving in the Western Central Railway Bhopal as Store Assistant at the relevant time. Dinesh Hayarn (PW-8) was serving in the Office of D.R.M as Assistant Grade-II. Shri M.R. Dugaya (PW-13) Superintendent in the Office of D.R.M (Works), Bhopal. Mr. Khalid Hussain Qureshi (PW-3) was serving as Time Keeper in the Office of Engineering Railway Traffic, Biaora at the relevant time. It is also not disputed that Ramesh Chand Jain (PW-11) is the Manager and Proprietor of Vardhman Trading Corporation Company and this Company was having license to purchase scraps from the Railway. Complainant Akalank Jain (PW-9) and Rajesh Jain (PW-10) are the sons-in-law of Ramesh Chand Jain (PW-11). Akalank Jain (PW-9) and Rajesh Jain (PW-10), at the relevant time, purchased sleepers and scraps material from the Railway in the auction and the delivery of which was to be done at Ruthiyai and Kumbhraj Railway Stations by the accused persons. The accused persons delivered this scraps to Akalank Jain in between 26th -28th June, 2002 for which papers were prepared accordingly.

4. Facts just necessary for adjudicating the matters are stated hereas under:

To appreciate the cases of the appellants and also to find out whether the appellants are entitled for the relief as prayed for by them.

Briefly stated, the prosecution story is that Ramesh Chand Jain, the Manager of Vardhman Trading Corporation Company and this Company is doing the business of purchasing irons and scraps. The sons-in- law of Ramesh Chand Jain are Akalank Jain and Rajesh Jain, who were also working in the said Company. On 13.5.2002, D.C.O.S Jhansi auctioned 55.980 metric tones scraps through Bhopal Division at Bhopal. This scraps were purchased by Akalank Jain and Rajesh Jain in their names. 25% of this auction amount was deposited on 13.5.2002 in Railway Department. The rest amount i.e. Rs. 2,26, 931/- was deposited by them at D.C.O.S Office Jhansi. They also received the order of delivery of goods. The said order was deposited by them in the Office of C.P.W.I, Biaora-Rajgarh. Appellant- accused Lakhan Lal Mishra, CPWI was to deliver the goods to Akalank Jain from 27.6.2002 to 29.6.2002. On 26.6.2002 when complainant Akalank Jain and Rajesh Jain went to the Office of CPWI, Biaora to take delivery of goods, the appellant accused L.L. Mishra CPWI and appellant- accused K.B. Rana, Assistant Store Keeper, demanded Rs. 3360/- and Rs. 3920/- as gratification. After several requests of Akalank Jain and Rajesh Jain, the accused-appellants agreed to deliver the goods on payment of Rs. 2000/- each. On 27.6.2002, Akalank Jain and Rajesh Jain informed this to the Proprietor-Ramesh Chand Jain who was at Jhansi. Then, Ramesh Chand Jain told