STATE OF KERALA Vs. P.S.LEELAMMA

JUDGEMENT

(1.) The State, aggrieved by the acquittal of the sole accused in CC.No.126/2016 of the Enquiry Commissioner and Special Judge, Thalassery has preferred this appeal.

(2.) Prosecution allegation was that the accused, being a public servant, while working as Women Sub Inspector of Police, Women Cell, Kasaragod, abused her official position and committed criminal mis-conduct by demanding and accepting a sum of Rs.1000/- (Rupees one thousand only) from PW1, as bribe on 21.06.2010 at 1.05 pm. It was alleged that the accused had offered to exonerate PW1 and her son PW10 from a criminal case pursuant to complaint filed by PW10. She had also received a total sum of Rs.4300/- (Rupees four thousand three hundred only), from PW1 and her son on various occasions. Prosecution has a further allegation that the accused, to screen herself from the crime committed by her, fabricated false evidence by making false entries in her official note book. Thus she committed offences punishable under Sections 7, 13(1) (d) read with Section 13 (2) of Prevention of Corruption Act and Section 193 of the Indian Penal Code.

(3.) Complaint was laid by PW1 on 21.6.2010 before Vigilance. It was recorded by PW13, the then DY.S.P, Vigilance and Anti Corruption Bureau, Kasaragod. Ext.P1, FIR was registered and a trap was laid. Two currency notes of Rs.500/- (Rupees five hundred only) were smeared with phenolpthaline and entrusted to PW1. Trap was successfully conducted and the accused was arrested. Investigation was conducted by PW14, 15 and 16. Final report was laid by PW17. After the appearance of the accused before the trial court, prosecution examined PW1 to PW11 and Exts.P1 to P33 were marked. There was no defence evidence.