P.A.NUJUM Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Appeal has been filed under Sec. 374 of the Code of Criminal Procedure (for short, 'CrPC') challenging the judgment dtd. 23/2/2010 in C.C. No. 120 of 2008 on the files of the Enquiry Commissioner and Special Judge, Kottayam. The respondent is the State of Kerala, represented by the Vigilance and Anti-Corruption Bureau (VACB).

(2.) Heard the learned counsel for the appellant/accused and the learned Special Public Prosecutor appearing for the VACB in detail. Perused the verdict under challenge as well as the records of the special court in detail.

(3.) The precise allegation of the prosecution is that, in continuation of a demand for illegal gratification made by the appellant/accused on 30/12/2001 and 3/1/2003, the accused who was then serving as Secretary (Special Grade) of the Erumeli Grama Panchayat accepted a sum of ?6,000/- as illegal gratification from the complainant (examined as PW3) at 4:45 p.m. on 20/1/2003. This forms the basis of the prosecution case that the accused committed offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988'). Following the registration of the FIR on 20/1/2003, the investigation was completed, and the final report was filed before the learned Special Judge. The learned Special Judge took cognizance of the offences and proceeded with the trial. During trial, PWs1 to 8 were examined, Exhibits P1 to P13 and MOs 1 to 8 were marked on the side of the prosecution. On the side of the defence, DWs1 to 9 were examined, and Exhibits D1 to D10 were marked.