A. K. SUDHAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C. No. 23/2009 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram is the appellant. The appeal is directed against the judgment dated 25.1.2012. The appellant was convicted for the offence punishable under Sections 7 & 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act). The appellant is sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo rigorous imprisonment for one month under Section 7 of the P.C. Act. The appellant is also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo rigorous imprisonment for three months under Section 13(2) read with Section 13(1)(d) of the P.C. Act. Parties are hereinafter referred to as arrayed in the C.C. No. 23/2009. The points examined and decided are as to whether the accused, being a public servant, employed as Secretary of the Thodiyoor Grama Panchayat, demanded a sum of Rs. 5,000/- from PW1, and accepted Rs. 5,000/- from PW1, for herself as gratification other than legal remuneration as a motive or reward for issuing a letter showing the birth details of PW1, in exercise of her official functions at the office of the Thodiyoor Grama Panchayat at about 4.30 p.m. on 22.4.2008 as alleged by the prosecution and as to whether the accused, being a public servant, employed as Secretary of Thodiyoor Grama Panchayat, by corrupt or illegal means or by abusing her position as such a public servant, obtained for herself pecuniary advantage to the extent of the aforesaid amount of Rs. 5,000/- from PW1.

(2.) The prosecution case in a nutshell is that the accused had demanded bribe of Rs. 5,000/- from PW1, as a motive or reward for issuing a letter showing the birth details of PW1 which was necessary for obtaining a Non-availability Certificate for PW1, at the office of the Thodiyoor Grama Panchayat, on 17.4.2008 and in pursuance of the said demand, the accused accepted Rs. 5,000/- from PW1 for herself as gratification other than legal remuneration as a motive or reward for issuing the said letter in exercise of her official functions, at the office of the Thodiyoor Grama Panchayat at 4.30 p.m. on 22.4.2008, and that the accused, by corrupt or illegal means or by otherwise abusing her position as public servant, obtained for herself pecuniary advantage to the extent of the aforesaid amount of Rs. 5,000/- from PW1, and thereby she committed the offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Act.

(3.) The evidence in this case consists of oral testimonies of PWs 1 to 7 and Exts. P1 to P14 on the prosecution side. The defence examined DWs 1 and 2 and marked Exts. D1 to D8(a). MOs 1 to 9 were identified.