BABU SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant faced trial in CC.No.57/2008 of the Enquiry Commissioner and Special Judge, Kozhikode for offences punishable under sections 7 and 13 (2) read with section 13 (1) and (d) of the Prevention of Corruption Act.

(2.) The prosecution allegation was that, while the appellant was working as Health Inspector, Community Health Centre, Thamarassery, and as such, being a public servant as defined under section 2(c) of the Prevention of Corruption Act, demanded illegal gratification of Rs.20,000/- from PW1 and PW2 and received sum of Rs.5000/- towards the part instalment of the said bribe. According to the prosecution, PW1, PW2 and the mother of PW2 were jointly running a cattle farm. While so, notices were issued by the accused to PW2 and her mother, alleging that the cattle farm was conducted in an unhygienic manner and causing health hazards to the public. They were directed to take appropriate remedial measures. Thereupon, accused called PW2 and offered to settle the issue on payment of Rs.20,000/- (Rupees twenty thousand only). This was followed by a meeting between the accused and PW1. A few phone calls were made between accused and PW1 regarding the payment of bribe. Ultimately, PW1 who was not in favour of bribing public servant, complained to the VACB. A trap was laid and a sum of Rs.5000/- (Rupees five thousand only) smeared with phenophthalein was entrusted with the accused. After the cash was handed over to the accused and on getting signal from PW1, the VACB party intercepted the accused, recovered the amount and phenophthalein test was successfully completed. Crime was registered and after investigation, final report was laid. Accused pleaded not guilty and faced the trial before the court below.

(3.) On the side of the prosecution, PW1 to PW23 were examined, Exts.P1 to P13 were marked and Mos 1 to 7 were identified. On the side of the accused, there was no defence evidence. However, Ext.D1, a contradiction in the 161 statement of PW4 was marked. The court below, on an evaluation of the entire evidence found the accused guilty, convicted and sentenced him to undergo RI for one year and imposed a fine of Rs.10,000/- (Rupees ten thousand only) with default sentence for the offence punishable under section 7 of the Prevention of Corruption Act. He was imposed with RI for two years and a fine of Rs.10,000/- (Rupees ten thousand only) for offence punishable under sections 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act . It was directed that the sentence of imprisonment shall run concurrently.