CHEMPAN VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the manager of the Dr. Ambedkar Memorial Upper Primary School started for the benefit of Harijans at Muttappally in Kanjirappally. The Special Judge, Trivandrum, convicted him under S.5(2) read with S.5(1)(d) of the Prevention of Corruption Act, II of 1947, and S.161 of the Indian Penal Code and sentenced him on each count to simple imprisonment for on e year. The sentences were directed to run concurrently.

(2.) The prosecution case is that pursuant to an agreement between the appellant and Pw. 1 that the latter would be appointed as a teacher in the school if he paid Rs. 2000/- the former on 14-5-1964 received from him Rs. 601 towards it as illegal gratification, and appointed him as a teacher. He took charge on 1-6-1964 and served there till 31-5-1967 on which date he was relieved from there as per the order of the Assistant Educational Officer as he was untrained. On 27 12 1967 he sent Ext. P1 petition to the Superintendent of Police, X. Branch Vigilance division complaining about the appellant's conduct in having received the money from him. It was on the basis of if that the case was taken up.

(3.) Ext. P2 is the document executed by the appellant on receipt of Rs. 601. The appellant has signed in it in his capacity as manager. He has stated in it that Pw. 1 has been appointed as a teacher. Before that it is also mentioned in it that for the initial expenses connected with the starting of the school Pw. 1 had agreed to pay Rs. 2000/- and that towards it Rs. 601/-had been received that day. Pws. 2 and 3 are attestors in it. Pw. 4 was the Headmaster of the school. Pws. 5 and 6 are respectively brother inlaw and uncle of Pw. 1. They all spoke to the receipt of money by the appellant from Pw. 1. Pws. 7 and 8 are persons from whom Pw. 1 raised Rs. 600/