K. T. KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in C.C.No.23 of 2001 on the files of the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram is the appellant. He along with the 2nd accused was tried for offences punishable under Ss. 13(1) (d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Sec. 120B of the Indian Penal Code, 1860 (IPC). The Special Court as per the judgment dtd. 2/12/2008 convicted and sentenced the appellant for both the offences, however, acquitted the 2nd accused. Challenging his conviction and sentence, the appellant filed this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code).

(2.) Heard the learned counsel for the appellant and the learned Special Public Prosecutor (Vigilance).

(3.) The case of the prosecution is the following: