JOHNY P. VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant herein was the Village Assistant of the Onakkoor village in February -March, 2003. He was trapped by the Vigilance and Anti -Corruption Bureau (VACB) Ernakulam at his office at about 3.50 p.m on 26.3.2003 while accepting an amount of Rs. 350/ - as illegal gratification from one Narayanan, as a reward for effecting mutation in the registers regarding a property purchased by the son of the said Narayanan. Application for mutation was submitted by Narayanan's son Babu in February, 2003, and for the said purpose, Narayanan met the Village Officer in February itself. As instructed by the Village Officer, Narayanan met the Village Assistant. It is alleged that when Narayanan met the Village Assistant in February, 2003, he demanded an amount of Rs. 1000/ - for effecting mutation. Later, Narayanan went to the Village Office on 25.3.2003 and met the Village Officer. At that time, the Village Officer again instructed him to meet the Village Assistant, because he had by the time handed over charge to the Village Assistant, on transfer. Accordingly, it is alleged, Narayanan again met the Village Assistant and expressed his difficulties when the Village Assistant repeated his demand for Rs. 1000/ -. However, on bargain, the Village Assistant reduced the claim to Rs. 350/ - and asked Narayanan to come with the amount on 26.3.2003. As Narayanan was not inclined to pay bribe, he approached the Deputy Superintendent of Police, VACB, Ernakulam on 26.3.2003 and made a complaint. On the said complaint, the Deputy Superintendent of Police registered a crime and arranged a trap. The bribe money of Rs. 350/ - brought by Narayanan was smeared with phenolphthalein in the presence of the complainant and the trap witnesses, and as instructed by the Dy.S.P, Narayanan met the accused at his office at about 3.50 p.m on the said day, and made payment of the amount when the Village Assistant again made demand. Within no time, the vigilance team led by the Dy.S.P reached there on getting signal from the complainant, seized the phenolphthalein tainted currency from the possession of the Village Assistant as per mahazar and arrested him on the spot. After investigation, the VACB submitted final report before the learned Enquiry Commissioner and Special Judge, Vigilance, Thrissur.

(2.) THE appellant appeared before the trial court in C.C 26 of 2004 and faced trial by pleading not guilty to the charge framed against him under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act (for short "the P.C Act").

(3.) ON conviction, he was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 25,000/ - under Section 13 (2) read with Section 13 (1) (d) of the P.C Act, and to undergo another period of rigorous imprisonment for three years, and to pay a fine of Rs. 25000/ -under Section 7 of the P.C Act, by judgment dated 8.8.2006. Aggrieved by the said judgment of conviction, the accused has come up in appeal.