K V SUGATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused is the appellant. Though he was tried for offences punishable under S.161 and 201 of the Indian Penal Code and S.5(2) of the Prevention of Corruption Act, conviction is only for the offence under S.161 of the Penal Code. Sentence awarded is fine of Rs. 3,000/-.

(2.) He was the District Social Welfare Officer, Ernakulam and District President of the Kerala State Social Welfare Employees' Association (Association). PW 1 Elsy was the President of the Deseeya Vanitha Sangham, Vaduthala, which was running a feeding centre (Centre) for the benefit of children in need of nutritious food under the World Health Programme at her residence. Appellant was the person responsible for passing indent for supply of food articles to the Centre. Prosecution case is that on 20-3-85, as a motive or reward for passing indent for supply of wheat, he demanded Rs. 200/- from PW 1 and received Rs. 150/- from her on 27-3-1985 and thereafter dishonestly created false evidence and caused disappearance of evidence in order to screen him from legal punishment.

(3.) On 27-3-1985, PW 1 gave Ext. P1 complaint to the Deputy Superintendent of Police (Vigilance), PW 8. He arranged a trap on the same day and the amount was received soon after payment.