V.M.ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the fifth accused in the case registered as VC 5/2017/IDK by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Idukki Unit under Sections 468, 471 and 120B of the Indian Penal Code and also under Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act').

(2.) There are altogether five accused in the case. The third and the fourth accused in the case were the Sub Registrars of Arakkulam Sub Registrar's Office. The petitioner, the fifth accused, was the person who was holding charge of the Village Officer of Muttom Village Office. The first and the second accused are private persons.

(3.) The first accused had purchased 35 cents of wet land on 15.05.2006 from one M.M.Joseph. However, the nature of the land was shown as "nilam nikathu purayidam"? (wet land converted into dry/garden land) in the sale deed which was registered by the third accused, who was then the Arakkulam Sub Registrar. On 23.01.2009, the first accused transferred the above property in the name of his wife, the second accused, as per a gift deed. In that document, the nature of the land was shown as dry/garden land. The gift deed was registered by the fourth accused, who was then the Arakkulam Sub Registrar. The petitioner, the fifth accused, was the Special Village Officer of Muttom Village Office during the period from 13.06.2008 to 01.06.2009. The Village Officer was on casual leave for three days from 10.02.2009. The fifth accused was in charge of the Village Officer during that three days. On 11.02.2009, while holding charge of the Village Officer of Muttom Village Office, the fifth accused issued a possession certificate to the second accused in respect of the above land, without stating the nature of the land in that certificate.