AJITH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 30/3/2012 passed by the Enquiry Commissioner and Special Judge, Kozhikode in C.C.No.32 of 2004. The appellant/accused, the then Inspector of Police, Sreekandapuram Police Station, was convicted for the offences punishable under Ss. 7 and 13(1) (d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988, and sentenced to undergo rigorous imprisonment for a term of two years each and pay a fine of Rs.10,000.00 each. CASE OF THE PROSECUTION

(2.) The accused was working as Inspector of Police, Sreekandapuram Police Station during 2003. The defacto complainant (PW1) was running a shop by name 'V.C. Traders' at Chempanthotty, Taliparamba. The accused demanded illegal gratification to the tune of Rs.5,000.00 per month in the form of 'masapady' over phone to PW1. The accused accepted a sum of Rs.7,000.00 in two instalments and demanded the balance sum being Rs.3,000.00 from the complainant on 11/1/2003 and 16/1/2003. The accused threatened PW1 that he would face problems if the money he demanded was not paid and directed him to pay the amount of Rs.3,000.00 on 17/1/2003 at his residence. PW1 filed a complaint before PW7, the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Kannur on 17/1/2003. After verifying the genuineness of the complaint, FIR No.VC 2/2003 KNR was registered against the accused and PW1 was directed to proceed to the residence of the accused and pay the sum of Rs.3,000.00 as demanded by the accused. PW1 reached the residence of the accused on 17/1/2003 at 9.25 p.m., and paid the amount. The accused accepted the same. The Vigilance officials led by PW7 arrested the accused and recovered MO1 series currency notes placed on the table found in the bedroom of the accused.

(3.) The accused is therefore alleged to have committed the offences punishable under Ss. 7 and 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988. PROSECUTION EVIDENCE