N. GURUDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein was Associate Professor of Surgery in the Medical College Hospital, Kottayam in January, 2001. On the allegation that he received an amount of 500/- as illegal gratification at his residence on 31.1.2001 from one Shaji for conducting an operation, the appellant faced prosecution before the Enquiry Commissioner and Special Judge (Vigilance), Thrissur in C.C No.7 of 2002. Crime in this case was registered by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau (VACB) on the complaint of Shaji, made on 31.1.2001. The amount of 500/- brought by him was received by the Dy.S.P., phenolphthalein was applied on the currency, and after demonstrating the required phenolphthalein test to Shaji and the other witnesses including the public servants arranged by the Dy.S.P. to witness the trap, Shaji was instructed to hand over the currency to the appellant at his residence. Accordingly, Shaji handed over the phenolphthalein tainted currency, and within no time, the vigilance team led by the Dy.S.P reached there, seized the phenolphthalein tainted currency and arrested the appellant on the spot. After investigation, the vigilance submitted final report in court under Sections 7 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short " P.C Act").

(2.) The appellant/accused pleaded not guilty to the charge framed against him under Section 13 (2) read with 13 (1) (d) of the P.C Act and claimed to be tried. The prosecution examined eight witnesses in the trial court and also marked Exts.P1 to P9 documents. The prosecution also marked MO1 to MO6 properties including the tainted currency of 500/- seized from the possession of the accused.

(3.) When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances and maintained a defence that he had not in fact received anything illegally from the complainant and that the trap in this case is a vicious one. In defence, the accused examined two witnesses as DW1 and DW2 and also marked Exts.D1 to D12 documents.