ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein was a Lower Division Clerk in the Revenue Taluk Office, Kottarakara in July, 2003 On the allegation that he accepted an illegal gratification of 1000/- on 20.7.2003 at his office, from one Rahmathulla as a reward for favourable action on the application of Rahmathulla's mother-in-law for changing the nature of her land in the revenue records, the appellant faced prosecution before the learned Enquiry Commissioner and Special Judge (Vigilance) Thrissur in C.C 17/2005. The said prosecution was initiated by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Kollam on a complaint made by the said Rahmathulla. After investigation, the vigilance submitted final report in court under the provisions of the Prevention of Corruption Act, 1988 (for short "the P.C Act").

(2.) The appellant appeared before the trial court and pleaded not guilty to the charge framed against him under Sections 7 and 13 (2) read with 13 (1) (d) of the P.C Act. The prosecution examined ten witnesses and also proved Exts.P1 to P17 documents. MO1 to MO6 material objects were also identified during trial, including the phenolphthalein tainted currency of 1,000/-. The defence examined five witnesses.

(3.) When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances, and projected a defence that the trap in this case is vicious one, arranged at the instance of PW4, the then Junior Superintendent of the office of the Tahsildar.