R. RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from the judgment, conviction and sentence in C.C.No.39 of 2016 of the Enquiry Commissioner and Special Judge, Muvattupuzha, for offences punishable under sections 7, 13(1)(d) (i) r/w 13(2) of the PC Act and Sections 120B of the Indian Penal Code.

(2.) The prosecution allegation was that, first accused who was the village officer of Mannamkandam Village, second accused the Village Assistant of the above village and third accused who was the LDC of the Collectorate, Idukki had conspired together to obtain illegal gratification from the landowners who had received compensation for the acquisition of their properties for the Thottiyar Hydro Electric Project and that in furtherance of the above conspiracy, they demanded illegal gratification at the rate of Rs.1,000/- per 1 lakh received as compensation. It was alleged that, after the compensation amount was received by the beneficiaries, the above accused repeatedly demanded bribe from them, claiming that higher compensation was paid due to their efforts. Since it was not paid, first and second accused withheld the application for mutation of the properties purchased by the defacto complainant and few others utilizing the compensation received by them. The accused allegedly gave an ultimatum to pay the bribe on or before 25/7/2009. On 25.07.2009, PW1 approached the DySP, VACB, Idukki and laid a complaint. A trap was arranged and on 25.07.2009, PW1 was entrusted with currency notes for Rs.10,000/- smeared with Phenolphthalein to be given as bribe to accused 1 to 3. In the meanwhile, second accused informed that, he was busy and was sending his friend to collect the cash. The friend reached the spot along with his friend as directed by the second accused. PW1 refused to give cash to the friend and demanded second accused to come personally to the spot. He reached the spot. Accordingly, a portion of the cash was paid to the second accused at a place near Adimali. After receiving the cash, it was handed over by him to his friend. Both were caught red-handed and after initial formalities, including the phenolphthalein test,they were arrested and cash was recovered. The friend was arrayed as the fourth accused. In the meanwhile, the third accused informed that, he was proceeding to Adimali. Thereupon, the defacto complainant and vigilance party reached the spot. PW1 delivered the remaining cash to him. He was caught red- handed by the vigilance. After completion of the Phenolphthalein test and initial formalities, he was also arrested.

(3.) PW23, whoregistered the crime, conducted the initial investigation. PW20, Land Revenue Commissioner granted sanction for prosecution of accused Nos.1 to 3 by Exts.P26 and 37 orders. PW22, the DySP of VACB verified the records and deleted fourth accused from the party array. After completion of investigation, final report was laid against the first three accused only.