STATE OF KERALA Vs. P. MUHAMMED NOUSHAD

JUDGEMENT

(1.) This appeal is filed by the State against the final judgment and order dated 09.08.2004 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 496 of 2000 whereby the Single Judge of the High Court set aside the order dated 29.07.2000 passed by the Trial Court in C.C. No. 21 of 1999 convicting the respondent herein for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act") and sentenced him to undergo rigorous imprisonment for a term of three years with a fine of Rs.25,000/- in default to undergo simple imprisonment for one year under Section 7 of the P.C. Act and rigorous imprisonment for a term of four years under Section 13(1)(d) read with Section 13(2) of the P.C. Act.

(2.) In short, the case of the prosecution was as under:

(3.) On 10.09.1998, the respondent-accused demanded gratification of Rs.500/- from PW-2 for forwarding a favourable enquiry report to the District Magistrate. On the same day, the complainant paid the accused a sum of Rs.300/-. Thereafter on 19.09.1998, the accused demanded the balanced sum of Rs.200/- from PW-2 and agreed to send a favourable report.