LAWS(SC)-2022-12-60

T.P. GOPALAKRISHNAN Vs. STATE OF KERALA

Decided On December 08, 2022
T.P. Gopalakrishnan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These Criminal Appeals have been filed assailing the impugned judgment and order dtd. 13/6/2016 passed by the High Court of Kerala at Ernakulam in Criminal Appeal Nos. 947 and 948 of 2009 by which the judgment of conviction and order of sentence dtd. 27/4/2009 passed in C.C. No.24 and 25 of 2003 by the Court of the Enquiry Commissioner and Special Judge, Kozhikode ('Trial Court', for the sake of convenience) has been upheld by dismissing the aforesaid appeals and consequently confirming the conviction of the appellant herein.

(2.) For the sake of convenience, the parties shall be referred to as per their rank before the Trial Court.

(3.) The Trial Court vide its judgment and order dtd. 27/4/2009 in both the aforesaid cases convicted the appellant herein-accused for offences under Sec. 13(2) read with Sec. 13(1)(c) of the Prevention of Corruption Act, 1988 ('the Act', for short) and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rupees Two Thousand and in default thereof, to undergo rigorous imprisonment for six months. The accused was further convicted for the offence under Sec. 409 of the Indian Penal Code, 1860 ('IPC' for short) and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rupees Two Thousand and in default thereof, to undergo rigorous imprisonment for six months. The sentences were directed to run concurrently.